The

Robert E. Gross
Colleci:ion

A Memorial to the Founder
of the

Business Administration Library
Los Angeles

THOUGHTS

ON THE

PRESENT STATE OF AFf AIRS

WITH

AMERICA,

AND

THE MEANS OF CONCILIATION.

By WILLIAM PULTENEY, Esq^

THE FIFTH EDITION.

LONDON

Printed for J. D O D S L E Y in Pallmall;

AND T. CAD ELL IN THE Strajiq.

MDCCLXXVIII.

THOUGHTS

o n T H E

Prefent State of Affairs with America,

AND

THE MEANS OF CONCILIATION*

THOSE who have any enthufiafm with rc-
fpeft to publick matters, and who feel in
their own minds a ftrong and clear conviftion,
with regard to any important public queflion, are
apt to fuppofe, that men who profefs to entertain
^ contrary opinion, are influenced by fome bafe^
factious, or corrupt motive. They make no al-
lowance for thofe natural caufes of difference of
opinion, which have exilled in all ages. They will
not condefcend to argue patiently with fuch men,
ftill lefs will they fufFer themfelves to fuppofe,
that their own ideas may be in fome degree erro-
neous, and that the truth may lie between the two
oppofite fentiments.

When civil difputes have gone fo far, as to put
arms into the hands of each of the parties, the
pow^r of argument is then completely at an end.

B The

[ 4 ]

The agitation of violent paflions confirms more
powerfully each of the parties in their firft preju-
dices > and, until fome great calamity or fome
great and unavoidable danger occafions a paufe,
the voice of reafon will in vain endeavour to make
itfelf heard.

The great queftion which has for many years
agrtated this country, concerning America, and
has lighted the flames of civil war, affords a con-
vincing proof, with how much violence perfons of
the firft abilities, are capable of embracing the
oppofite fides of doubtful public controverly, at
the fame time that it furnifhes an interefting ex-
ample, how very little mere force, is calculated to
convince the underftandings, or to remove the
prejudices of mankind ; and though much has
been wrote and fpoken upon the fubjeft, on both
fides of the Atlantic, it feems to me, that neither
fide have hitherto allowed a fufficient degree of
weight to the arguments of their opponents, nor
has the queftion, hitherto, been treated with that
•calmnefs, which promifed to difcover the truth> or
with that impartiality, which was calculated to re-
concile the naturalprejudicesof contending parties.

Thofe who have at all accuftomed themfelves
.to refleflion, are inclined an every occafion, tofuf-
•pedl the fairnefs of arguments, which are urged
with too much zeal. In the prefent great difpute,
the love of Liberty, natural to a Briton, and
the principles in which I have been educated, on
the one handj and my attachment to Great Bri-
tain, where my property, and all my friends and

;, con.

[ 3 1

connexions are fituated, on the other j have all
along balanced my mind in fuch a manner, as to
prevent, I truft, my running into the extremes of
either party; and as I feel myfelf incapable of
being influenced by any bafe motive, fo my care
to avoid political connexions of all kinds, has, I
hope, preferved my underftanding, in Ibme de-
gree at leaft, from being warped upon this occa-
fion. If, therefore, my talents were equal to the
talk, of canvafling properly this great queflion,
there is nothing to obftruct my doing it in a fair,
candidj and impartial manner.

The late events in America feem to have occa-
fioned fome degree of paufe ; and I hold it to be
the duty of every impartial man, to feize that fa-
vourable moment, of laying before the public fuch
lights, as he may think of fufEcient importance to
call for their attention.

The lentiments which I Ihall deliver, are the
refult of my own xefledions, without a view to
{civc either thofe who are in, or out of office, but
with a very fincere defire, to ferve my country in
general; and whatever refped I may entertain, for
many gentlemen who have enrolled themfelves on
either fide of this queflion, that refpeft fliall not
prevent me, from canvafling the fubjeft with the
utmofl: freedom.

In treating of this important matter, I will begin •
with a review of the grounds which have induced
the Americans to take up arms, and will conflder
whether a fufficient weight has been allowed to
thefe motives, on the part of Great Britain. I will
B 2 then

t 4 ]

then examine the grounds and motives of Great
Britain, for rejecfling the claims of the Colonies,
and infifting on the full and uncontrolled exercife
of Legiflative Power in America; and whether
the Americans have given due weight, on their
part, to thefe motives. This examination of the
fubje(fl, will naturally fuggeft the reafonablenefs
and pradlicability of a reconciliation, by which
each party will depart in fome degree from their
pretenfions.

I believe there is now no doubt, that the true
motive which has united fo great a part of the
Americans in the prefcnt conteft with Great Bri-
tain, is the claim of Britain to a power of taxing
them by the Parliament here, and of altering their
Charters of Government, without any application
for that piirpofe from themfelves, by the fole
power of our Legillature. If any man doubts
that this is the cafe, let him recolleft, that, before
the aera of the Stamp Acl, there was no inftance
of any general combination in America, to refift
the authority of this country ; that fuch a general
combination did immediately take place, after th^
pafTing of that adl, an agreement, I think, was
entered into by moft of the Colonies, not to imr
port or to confume any of our goods or manu-
faftures ; but fo foon as the Stamp Aft was re-
pealed, that combination, and the non-importa-
tion agreement was diflblved, and great rejoicings
were made in confequence of that repeal, in al-
Tnoft every part of America. At that time many
pamphlets were publiihed in America, difcuffing

the

[ s 1

the right of this country to tax them, and point-
ing out the confequences which might follow,
from the admiflion of fuch a right. And ib foon
as a new attempt was made by the Aft 7 th of His
Majefty, to impofe another tax upon tea and
other articles, the fame fort of general combina-
tion followed, and the pamphlet, intitled <f Let-
" ters from a Pennfylvania Farmer," afcribed to
Mr. Dickenfon, was eagerly and univerfally read.
But when all thefe taxes, except the tax upon tea,
were repealed in 1770, and flrong aflurances
were given, in the name of Government, by the
Earl of Hillfborough's circular letter to each of
the Colonies, that it was the determined refolution
here, 'to impofe no new taxes upon them, the fe-
cond importation agreement was gradually dif-
folved, though, as the tea tax was not repealed,
fome of the mofl zealous Americans endeavoured
ftill to keep it on foot : but the general good fenfe
of the people, when their fears were quieted, pre-
vailed then (as 1 hope and trufl it will do now),
and harmony was reltored. No attempt was at
this time made, to alter the Charters of the Colo-
nies, and therefore it does not appear, that their
fears were excited with refpeft to that important
point i but the immediate effeft in America of the
Bill for altering the Charter of the MafTachufet's
Bay, is a proof of their fentiments concerning the
confequences of fuch a power, veiled in the Par-
liament of Great Britain.

Ifhall

[ 6 ]

•" I fhall hereafter take notice of the arguments
of thofe who contend, that the Americans had long
ago formed the plan of rendering themfelves inde-
pendent of Great Britain, and that the fear of
parliamentary taxation was not the motive, but the
pretext for taking up arms againft this country.
At prefent I fliall take it for granted, that our
claims to a right of taxation, and of altering their
charters of government, were the true motives of
the American refiftance, and Ihall confider what
degree of juftification arifes, from the apprehen-
fion which they might fairly entertain concerning
the exercife of thefe powers.

When the American Colonies were fuccelTively
fettled, they each obtained from the Crown,
charters, eftablifhing a form of civil governments
which, though differing a little from each other,
yet in all, refembling very much the Conftitution
of Great Britain. They had each an afTembly
chofen by the people, a Council refembling our
Houfe of Lords, and a Governor reprefcnting his
Majefty. By the united concurrence of thefe
three branches, laws were made, which had force
to bind all the inhabitants of the relpeftive Colo-
nies, and taxes were by them impofed ; but no
law or adt of their Legiflature could continue va-
lid, unlefs confirmed by his Majefty in council.
By this laft check. Great Britain was fecured, that
no aft prejudicial to this country could have the
force of a law; for, if his Majefty had been ad-
vifed by his Privy Council, to give his aflent to

any

[ 7 ]

any fuch improper ad, there can be no doubt, that
thofe members of the Privy Council, who gave
fuch advice, might have been called to account
by Parliament, and fubjedted to impeachment,
as well as for advifing any other abufe of the
royal prerogative.

On the other hand, by this fpecies of conftitu-
tion, the Colonies were poflefTed of a controul,
fituated upon the fpot, and placed in the hands of
the reprefentatives of the people, upon the Go-
vernor or executive power in each Colony. They
had alfo a general controul upon the adminiftra-
tion of juftice j and the fame ibrt of general fu-
•perintending and inquifitorial power, for control-
ling public abufes of all kinds, which belongs to
the Houfe of Commons in this country ; and the
members of Aflembly claimed, and by ufage ac-
tually enjoyed, all the perfonal privileges within
each Colony, which belong to tlie members of the
Britilh Houfe of Commons.

Every perfon who has at all confidered the
Conftitution of this kingdom, muft know, that
the efTence of the liberty of a Briton, confifts in
the controlling power of the two houfes of Parlia-
ment, without which, the prerogatives neceflarily
veiled in the Crown, and the necelTary difcre-
tionary power vefted in thofe who adminifter ju-
ftice, would, in fpite of the beft laws, and in fpite
even of the controul of juries, that ineftimabl^e
inftitution, perpetually tend to abufe, and that
Britons would othcrwife feel in fome degree, that

degrading

I « 1

degrading anxiety, which, in other countries, de-*
bafes the human mind, under every fpecies of ab^*
folute Government.

One of the moft material fupports of the con*
trolling power of the Houfe of Commons in this
country, is its power over the public purfe, and
that no money can be levied upon the people
without the vote of that houfe ; and though a very
great revenue in taxes is now ellabliflied by per-
manent afts, for the intereft of the public debts,
and other taxes to a large amount are granted to
his Majefty for life, as the expence of his civil
lift J yet the land tax and the malt tax have ne-
ver been granted as a perpetuity, and for a long
time pafl, thefe taxes have only been voted an*
nually. Without the grant of thefe. Government,
on its prefent footing, could not go onj for though,
in times of peace, the taxes eftabliflied for the in-
tereft of the public debts, afford a furplus called
the Sinking Fund, which comes into the Exche-
quer annually without any new vote j yet that mo-
ney could not be applied by Government, to any
other purpofe than the payment of part of the
public debts, without confent of Parliament j nei-
ther would that furplus, if feized illegally by the
executive power, be fufficient to pay the expence
of the loweft peace eftablilhment.

His Majefty is therefore under the neceflity of
tailing both Houfcs of Parliament together an-
nually, in order to have the land and malt tax
voted i and when they arc called, they have a right
4 to

[ 9 ]

to inquire into all abufes, and to refiife voting the
money until thefe abufes are redreiTed.

In former times, the dignity of the Crown was
fupported by the revenue of the Crown lands, and
the hereditary revenues to which the King, as
feudal Lord,- was intitled. During that period,
the Crown was not under the fame neceflity, as
now, of calling Parliaments annually together, in
order to obtain the neceffary grants of money j
and accordingly it often happened, that Parlia-
ments were not called for many years j by which
means, they were deprived of the opportunity of
redrefling grievances, or of enquiring into abufes.
The alienation of the Crown lands, and the abor
lition of the feudal tenures, has undoubtedly put
the Crovrn more in the power of Parliament than
formerly; but a-s that dependance has obliged the
Minifters of the Crown, to pay more attention to
the fecuring a cortftant majority in Parliament, the
burdens of the State have undoubtedly been there-
by greatly incfeafed, and this country, pays enor-
rnoufly, for the change which has happened, in the
mode of exercifmg the influence of the Crown,
which formerly confifted in prerogative, but now
confifts in the influence of Minifters upon the par-
ticular Members of both Houfes, and upon the
Ele6lors of the Houfe of Commons.

I do not however adopt the idea of thofe, who
feem to think, that the corruption of Parliament
has arifen to fuch a pitch, that it has become
merely an engine in the hands of Government.
There are, I truft, a great majority in both Houfes,

C who

[ < ro ]

who would refiit with the fpirit becoming free*
men, any dired attempt in the Minifters of the
Crown to overturn the liberties of this countiy ;
and I believe and truft, that there is a ftill greater
majority in the kingdomx, who would, upon a
like occafion, difcover their refentment in fuch a
manner, as would make the Members of the t^e-
gidature, as well as the Minifters of the Crown,
tremble for their own fituation. I do alfo firmly
believe, that the general voice of the nation, will
for a long, and I hope for a very long time, con-
troul the proceedings of Parliament, in fpite of any
corruption of the Members, efpecially, whilfl
our franding army is reduced in time of peace,
and is compofed of native troops, and command-
ed by gentlemen of property ; and that the fpirit
of our Militia is preferved. But at the fame
time, I acknowledge, and every man muft feel,
that the influence of the Crown upon Parliament,
is already an alarming circumftance, and that the
expence of conducing Government upon that plan
is enonrious ; and as the progrcfs of defpotifm in
this country, by the road of influence, is likely to
be flow and almofl: imperceptible, there is reafon
to fear, that it may not therefore excite a general
alarm, till it be too latej nor can it efcape obferva-
tion, that the flianding army of France is almoft
entirely compofed of national troops, and is com-
manded by the beft families in the kingdom ; and
that in feveral infliances in ancient times, and at
prefent in Sweden, Denmark, Ruflia and Pruflla,
an army of national troops, has the care of thofe

chains

[ " ]

chains, which are wreathed round the necks of
their unfortunate fellow-fubjefts.

At prefentj undoubtedly, this country enjoys a
degree of liberty, which may excite the envy of
the whole world : but perhaps there are few
amongfl us, who have duly confidered, that
whatever part of our freedom arifes from the
controul of Parliament, depends upon lb flight a
circumftance, as that which I have already men-
tioned, namely the neceflity the Crown is under of
calling Parliament together, in order to vote the
Land and Malt tax annually, and the Mutiny
Bill, which necefTity would not exift, if thefe ad:s
were made perpetual, or to endure for the life of
the King. When thefe bills pafs annually in the
Houfe of Commons, they are confideKed lb much
as a matter of courfe, that unlefs an augmentation
of the Land tax, or other alteration, is propofcd,
few members give their attendance in the Houfe,
and a ftill fmaller number give any attention to a
matter of fo much real confequence.

The American afTemblies did not indeed enjoy
the fame degree of controul upon the executive
power here, becaufe the Government of Great
Britain could go on, although they v/ere never
called together. But as their grants of money for
their own internal government, were annual, as the
falaries of their Judges and Governors, confifted in
part, till lately, of annual grants made by the re-
fpeftive aflemblies ; and as therefore the public
bufinefs of the province, could not well go on, v/ith-
out their being annually called together, they had
C 2 en^

[ I^ ]

Enjoyed that advantage, with very little interrup-
tion, till the commencement of the prefent con-

The effect which this controul produced upon
the prolperity of the American Colonies, has
been very remarkable. They have gone on en-
creafing in wealth and population, in a manner
never before experienced in the v/orld, becaufe
they enjoyed a degree of happinefs and liberty^
which, in provinces diflant from the feat of Go-
vernment, has no example in any former age.

Neither this happinefs, nor this fuccefs, was the
child of accident ; they have had Governors of all
tempers and of all defcriptions, but the happi-
nefs of the people has notwithftanding been very
little interrupted, and their progrefs in almofl every
kind of improvement has hardly met with any
check. This can only be afcribed to the excellent
nature of their government, fo happily contrived
for controlling all abufe in the executive power,
and fo well fitted to eftablilh, from time to time,
pvery kind of ufeful inftitution for the interell and
happinefs of the people.

It has been faid by a political party-writer,
|:hat thefe aflemblies were to be confidered in no
Other light than as corporations or veitries in Eng-
land, which have powTr to make bye-laws, and to
levy money for certain purpofes, but have no
pretext to a power independent of the Britifh
Parliament.

The queftion of their right to an independent
power, wilj be confidered in another place j it

is

[ 13 ]

Js fufEcient here to obferve, that even if it were to
be admitted, which is far from being the truth,
that they deferved no better name than that of a
Veftry, they were Veitries which communicated
to the inhabitants of each refpeftive Colony, the
fame fort of freedom and fecurity, and the fame
fort of controul upon the executive and judicial
powers in that country, which the Parliament of
Great Britain or the parliament of Ireland, com-
jnunicate to the inhabitants of thefe iflands.

There can be no doubt, thar the parliament of
Great Britain had palled many laws to bind
Americas they had impofed duties upon goods
imported into thefe Colonies, and had fubjefted
their trade to many reftridions; they had even, in
fome few inflances, impofed taxes upon them
which may be called internal, though I recoiled
only that of the Poll Office. And it feems to me
an undeniable proportion, that before the year
1754, it did not occur to Great Britain on the
one hand, nor to America on tlie other, that
there was any reafonable doubt, of the univerfaiity
of the power of the Britifli Parliament, to bind
the Colonies in all cafes whatfoever, although that
power, except with regard to matters of trade,
had been ufed very fparingly. I am aware of
what pafTed in the reign of King William, and
alfo that at different times fome of the Colonies had
claimed an exemption from the power of Parlia-
ment, and that fome of our ftatutes had not been
ftridly executed there j but we never had admitteci

thefe

[ »* ]

thefe claims, and the Colonies had certainly ac-
i^uiefced.

In the year 1754, however, the matter under-
went a very ferious difcnffion. The common
danger of the Colonies from the impending
French war, occafioned a meeting at Albany, of
Commifiioners from many of the Colonies, who
formed a plan, for eftablifliing a Grand Council, of
members to be chofen by the fevcral Airemblies,
which, with a Governor General to be appointed
by the Crown, fnould be empowered to make
general laws to raife money in all the Colonies for
the defence of the whole. This plan was fent to
Government here, for approbation. The plan
was not approved -, but a new one was formed
in place of it, by which it was propofed, that the
feveral Governors, and one or two members of
each Council fhould aflemble, and be empowered
to determine on proper meafures for the common
fafety, and to draw upon the Treaiury of England
for the neceffary expence, and that the Treafury
fhould be reimbUrfed by a tax upon America, to
be impofed by the Britifh Parliament. This new
plan was communicated by Governor Shirley to
Dr. Franklyn, then at Bolton, who having de-
livered his fentiments upon it in converfation,
he was defired by Governor Shirley, to commit
to writing the particulars which he had ilated in
that converfation. This he did in a letter ad-
drefied to the Governor, which occafioned afecond
.converfation and a fecond letter. Thefe letters
were no doubt tranfmitted home by Governor

Shirley,

[ '5 1

Shirley, and I dare fay will be found in the pro-*
per office here, and the effeft of them was, that
no mention was made of taxing: America durino-
that war. A Congrefs was afterward authorifcd
to meet, and feveral requifitions for aids were
made in name of the Crown to the American af-
femblies, which were complied with, in a very li-
beral manner. The letters were afterwards pub-
lifhed in the London Chronicle of 8th February
1766, and have fince been republiihed in a French
Edition of Dr. Franklyn's works. I have now
fubjoined them in the Appendix.

In thefe letters, the American objeflions to
their being taxed by the Britifli Parliament, are
fully, ably, and clearly ftated j and thofe who read
them with attention, will probably think, that
hardly any thing new has fince been fuggefted
upon that fubjed.

The fubftance of the argument contained in the
letters is, that the Americans, by the reftridtions im-
pofed upon their trade, did in fa6l contribute their
proportion to the general public expences : That
therefore any farther taxation would be unjufl: :
That they are not reprefented in the Britifh Parlia-
ment, and therefore the power of taxing them could
not be fafely trufted there : That their own affem-
biies were competent to the power of taxing them,
and being chofen by themfelves, were not likely to
abufe that power : That the compelling the Colo-
nies to pay money without their confent, would
be like raifing contributions in an enemy's coun-
try,

C :6 1

try, and would be treating them like conquered
people, and not as true Britifh fubjecls.

Thele papers prove beyond diiputcy that the
American obje6lions to parliamentary taxation,;
were not firft fuggefted by fa6lious men here, but
were the refiilt of ideas, which naturally occurredy
from a confideration' of the fubjeft, amongft
thcmfelves. Dr. Franklyn had indeed been in
England in his early youth, but returned to Ame-
rica in 1728, long before this queftion was ftart-
ed, and refided in Amicrica till about the year
1758. The light which the Earl of Chatham may
have derived from thefe letters, will,- perhaps, ac-
count for the line of conduct which he obferved, inf
avoiding all attempts to tax America^ during the
war of 1756, though that war was confidered, as-
undertaken chiefly, on account of our American
Colonies, and alfo for the oppofition which he
gave to that meafurej when propofed by Mr. Gren-
villcy and for the uniform fentiments which he has
entertained concerning it ever fince.

Having premifed thele obfervations, let us con-
fider the merits of this queftiony a little mortclofely,-

It muil appear, I acknowledge, at firfl: fight,-
an extraordinary propofition to an Englifhman,
that there Ihould be any bounds to the power of
King, Lords, and Commons, which, from his
infancy, he has been taught to confider as fupreme ?
and it will be difficult for him to admit, that the
Parliament of England, which has prote(5bed the
liberties of this country, and has exercifed without
3 controul

[ t7 ]

tontroiil the power of taxing us, fhoiild not be
confidered, as fit to be triifled, with the power of
taxing the Colonies ; that when fo great a part
of the inhabitants of this kingdom, are taxed with-
out being reprefented, the Americans fliould pre-
tend, that the fame praftice ought not to extend to
them, and that tkcy can be well-founded, in main-
taining lb dangerous a dodrine, as that the fu-
preme power of the State is limited in its autho-
rity, and the unity of empire deftroyed, with re-
fpeft to a particular part of that State, and with
refpeft to a part too, which was confidered as very
unequal to a contefl with the whole.
. But the beft method of judging fairly, in que-
ftions with others^ is to put one's felf in the oppo-
fife place.

Let us fairly confider, for what reafon it is, that
the Britifh Parliament has been trulled, almoil
without complaint, for fo many ages, with the
power of taxing the unreprefented part of England,
in order to fee, if the fame reafon will apply to
America j for I do not deny, that Parliament does
in this ifland, tax great bodies of people who are
pot reprefented ; and I alfo admit, that the aflual
reprefentation of the people of Great Britain is
very far from being perfeft. It may be true, in
Ibme meafure, that every foo;; of land is reprer
fented -, but when v/e confider, that the whole coun-
ties of Eno|iand fend only eighty, and Scotland
thirty, and Wales twelve Members to Parliament,
out of five hundred and fifty-fix, the total number
9f the Hoiife of Commons j it i§ in yain to ^rgue,
D that

[ i8 ]

tRat the people of England are rcprefented in a
proper manner, by thole who are eleded by the
owners of landj and as the Conftitution has al-
lowed a numerous feparate Reprefentation for the
towns, it may be fairly faid, that all thofe confi-
derable towns which fend no Members, fuch as
Manchefter, Birmingham, Halifax, &c. and a
great part of our people befides, are not repre-
fented in Parliament.

But the true reafon, why fo little inconvenience
has heen hitherto felt, from this defe6t or inequa-
lity of Reprefentation, muft, I apprehend, be de-
duced from a circumftance, which, fo far as I
know, has never been fufficiently attended to, by
any political writer, and which, though efba-
bliflied by no law, is of the utmoft importance in
this Conftitution . I mean the ufage of Parliament,
by which it impofes all taxes in a general manner,
fo as not to tax any particular diftrict or part of
the kingdom, while other parts of the kingdom
are not taxed ; but impofes the tax on all perfons
poiTeffing the property, or confuming the taxed
commodity, in whatever part of the kingdom they
refide. The Land Tax, and Vv'^indow Tax, for
example, are impofed upon all the land and win-
dows of England, in whatever county fituated,
and are not impofed on Yorkfliire alone, whilft
ail the other counties pay nothing. In like manner,
the Malt Tax is not impofed on the malt made in
one county only, but on all the malt made any
where in England. The duties of Cuftoms afFed
the importation and exportation of goods at every

place.

I '9 1

place, and the duties of Excife extend to all ex-
cifeable goods in every part of the kingdom.
There are many inilances indeed of fpecial A6ls
of Parliament, obtained upon petition of the inha-
bitants, by virtue of which duties are levied in
particular places, and not elfe where -, but the mo-
ney is, in fuch inftances, direded to be applied to
public purpofes in that particular place, which
precludes any objedion to the tax. I believe,
however, there is an inftance or two, of duties le-
vied at the port pf London, particularly on coals,
which duties are not levied in any other ports of
the kingdom ; and yet the produce of the duties
is not appropriated to public purpofes within Lon-
don or Middlefex, and I am not at prefent able
to explain the reafon of that deviation from the
general rule. But the ufage, as to all public
taxes for the exigencies of the State, may, notwith-
llanding, be confidered as univerfal i namely, that
they are not confined to any particular place, but
are general over the whole kingdom.

The efFed of this ufage, with refped to the
point in queftion, is of much more confequence
than may at firft fight appear. Though Man-
chefter and Birmingham, for example, are not re-
prefented J yet, as the tax which affeds them, is at
the fame time impofed upon all the places in the
kingdom which are reprefented, if the tax were
grievous and opprefTive, itv/ould excite a general
difguft, and the voice of the people in general, being
againft it, would clieck and controul, not only the
D 2 error.

[ 10 ]

error, but even the corruption of Parliament, I do
not lay much weight in this cafe upon another cir-
cumftance, that, by the univerfality of the tax, it
muil affedt the Members of Parliament them-
felves, who vote for it j becaufe it is impoffible to
difguife, that as things now ftand, the majority of
Both houfes may enjay fuch emoluments from
the Crown, as will more than compenfate their
particular Ihare of the tax ; but as they will
not only tax themfelves, but their conllituents,
and not only their con{lituents> but the whole
body o-f the people, an irrefiflible check muft
thence arife, to every remarkable abufe of the
power of taxation, until, by the means of a nu-
merous ftanding army, the liberties of the people
are entirely at an end.

The effe<fl of this check, ariling from the uni-
verfality of all taxes, operates, we know, with re-
fpe6t to Scotland, which certainly could not other-
wife be protefted, by fo fmall a reprefentation as
forty-five Members out of five hundred and fifty-
fix ; nor by the ftipulation m^^de at the Union, by
which the amount of the land tax is in fome degree
limited as to rhat country. That limitation is not
abfolute, fo as to prevent the land tax from being
ever increafed -, but is wifely contrived in fuch a
manner, as to render the Englilli Members, the
prote6lors of Scotland j for it was llipulated, that
when the land tax in England fliould am.ount to
1,997,763/. 8j. 44-^. the land tax in Scotland
fliould be only 48,000/, free of all charges, by
6 which

[ ^I J

which means, though that tax may be increafed,
yet no luch increale can be made, without, at the
fame time, a proportional increafe in England.

If Parliament fhould deviate from this iifage,
and fliould attempt to tax Yorklliire, for example,
when no other county was taxed, every one muft
fee, that the thirty members fent from that county,
could afford to it, very little protedion againfl the
remaining five hundred and twenty-fix Members
which compofe the Houfe of Commons ; and the
tax would be unjufl, becaufe in voting fuch a
queftion, the other Members could in no fenfe be
confidered as virtually reprefenting Yorkfhire, their
interefl not being the fame with that of Yorkfhire,
but direiflly oppofite; for by taxing Yorkfhire,
they would diminifh the burden upon themfelves
and upon their conftituents.

But although the prote6lion of any particular
part of the kingdom, againfl the proceedings of
Parliament, is not fo much founded on the votes
of the aftual members fent from thence, as upon
the univerfality of the proceedings of Parliament
which therefore naturally unites, not only all the
Members, but the whole kingdom, in oppofin^
what is wrong ; yet reprefentation is, on many
other accounts, of great moment to thofe places
which eleft Members, for it immediately and in-
timately connedts each individual of the eleftors,
and all their friends and even acquaintance, with
the reprefentative and his friends, and thereby fe-
cures to them a degree of proteclion from injury
and oppreffion, which, with refpecft to the infe-
rior

[ IJ ]

rior orders of mankind, exifts no where elfe in any
quarter of the globe. This fort of protedion ex-
tends much wider in England than it does in Scot-*
Jand, becaufe in England the right of voting de-
fcends to a much lower clafs; and, accordingly,
the common people of England have evidently
ftronger feelings of independence, than thofe of
other countries.

Thefe are fome of the great advantages, which
the inhabitants of this ifland derive from repre-
fentation in Parliament. In the confiderable towns,
which fend no Members, there are always great
numbers of voters for the furrounding counties,
or for other towns w^hich fend members, who
communicate proteftion to the reft, and the whole
reprefentatives of England, are to them a protec-
tion, againft exorbitant taxation.

But if America were to be taxed by a Britifh
Parliament, would that country enjoy the fame
protection, and are the Members of the Britifh
Houfe of Commons to be confidered in any re-
fpe6t as virtual reprefentatives of that country ?

The fyftem of laws concerning the trade of
America has deprived them of many of the im-
portant advantages of Engliilimen, and therefore
we could not, without injuftice, impofe upon
them the fame taxes to which we ourfelves are
fubjecSb. Indeed, by compelling them in a manner
to take our goods at our own pi'ice, and obliging
them to fend their goods here, to be fold in efFeft
at our price, we lay upon them a large fhare of
our taxes : but as we cannot juftly extend to them,

the

[ "-3 1

the fame taxes which we impofe upon oui-relves,
whilft we deprive them of an equal privilege in
trade, if we were to tax them further, we muit do
jt by a fpecial tax to be levied in America only, and
no part of it to be levied on ourfelves. Inftead
therefore of a common interefl in our five hundred
and fifty-fix Members of Parliament, to protect
them from taxation, our whole body of repre-
fentatives v/ould have a common intereft to tax
them, in order to lefien the burden on ourfelves,
Nq murmurs from England can be expeded to
arife, upon occafion of any new tax to be paid by
America, but on the contrary an univerfal joy and
approbation. No member would run the rifk of
Dfi"ending his conftituents, or of lofing his feat, by
voting for fuch a tax ; he would read in the coun-
tenances of his friends and acquaintance, no marks
of difapprobation -, he would fee in his neighbour-
hood no fymptoms of the mifchiefs arifing from tlie
moft oppreflive taxes -, the cries of the Americans,
from beyond the Atlantic, would hardly reach his
ears ; and as he is not elefted by them, there can-
not exift that connexion, which v/ould bind him
to afford any individual, his protedion from thq;
moft illegal infult and violence.

This is not all ; if the practice of taxing Ame-
rica here had been once firmly eftabliihed, does
any man doubt, that the executive power, the
governors, judges, and officers of all kinds, would
foon have been rendered entirely independent of
the people and affemblies of that country, fo as to
leave their condud without any controul exifling

there.

[ 24 ]

there. Many fleps had been taken with that
view, whilft our right of taxation exifled only in
idea, and we had ellablifhed Courts of Admiralty,
and of Vice Admiralty, for the trial of a great
variety of caufcs, without the controul of a jury,
founded on a fufpicion, that our Government was
fo difagreeable to the people, that juries there
were not to be trufted, but would perjure them-^
felves, rather than give verdicts agreeable to truth
and juftice.

Can it be doubted, that if we had eftablifned
the power of raifmg money in America by our
own votes, we v/ould foon have found, that the
Provincial Affemblies were nurferies of fa6lion,
and that they tended only to clog the wheels of
Government ? Is it to be fuppofed, that our Go-
vernors would have wifhed to preferve fuch a
check upon their own proceedings ; and would
we not have liftened more readily to the reprefen-
tations of our Governors, than to the remon-
ftrances of a helplefs unprote6led people ? — Would
not the confequences have been, that, by degrees,
the calling of aflemiblies in the Colonies would
have been entirely difcountenancedj and would not
then a degree of defpotifm neceffarily have enfued,
in every part of that continent ? Every obje6t of
ambition in that country would have been at an
end ; the confcioufnefs of fecurity, and of inde-
pendence, which is the pride and glory of free
men, would have been banifhed from every breafl;
the difpofitions and principles, the bafenefs,
freschcry, cowardice, and indolence, which are

the

t 2J ]

the children of defpotifm, would fbon have dif*
fuied themfelves over every part of that unhappy
country.

It may be faid, that no defpotifm could have been
feflablifhed there^ becaufe they would ftill have en-
joyed the laws of England ; but what are the laws
of England, without the check of Parliament upon
the executive and judicial povN^ers, and without the
protection of juries -, and is it certain, thatwe would
long have fuffered them to enjoy the laws of Eng-
land ? Had we not already, in a great meafure, de-^
prived them of juries^ in queftions with the Crown,
by means of our Admiralty Courts? Have we not
deprived the inhabitants of Canada of juries, ex-
cept in criminal cafes j and have we not refufed
that ineftimable privilege to our fettlements in the
Eaft indies ? How little care did we heretofore
take, in the appointment of proper judges to be
fent to America ? Of late, indeed, fome attention
had been fhown to that department, but how
ihamefully had the prerogative been for a long
time perverted, in that important and facred
branch ?

' Befides the natural tendency, which Parliament
uncontrolled^ would have had, to impofe taxes on
America j the Minifters of the Crown, would, in
future times, have had a peculiar incitemiCnt to
increafe the public revenue in that quarter, be-
caufe it would have afforded an opening for great
numbers of new offices, to be enjoyed by their
dependants here, and executed there, by half
ftarved and rapacious deputies^

E It

It feems to me, that America, under fuch a;
fyftem, miift have Aood in the fame fituation
with refped to this country, in which the people
of Eno-land would have itood with refpeft to the
Crown, if the claims of Charles the Firft, to levy
money by his own authority, had prevailed.
They would have been fubjeft to be taxed by a
power which had no natural check or motive to
fpare them, except w^hat might arife from hu-
manity and indulgence. It was argued for
Charles the Firft, that the Parliament was fadlious;
that it obftru(5ted the public fervice ; that his Ma-
jelly could not be inclined to opprefs his people,
fincei his own glory and prolperity was conne6ted
with theirs ; that his Privy Counfellors, and thole
appointed by him to higli offices, would natu-
rally be chofen from amongft the principal men
in the kingdom, who could not be fuppofed to
concur in any thing injurious to the facred liber-
ties of their country ; that the right of the Crown
to levy Ihip-moneyj was eftabliHied by innume-
f able precedents, and was not a new right j and
that, therefore, thofe who contended againft it,
were merely a fet of fanatical factious men, who
wiflied to maike themfelves of importance to the
prejudice of the eftabliflied conftitution of the
kingdom. Thefe fort of arguments had at that
time fuch weight, that they impofed on the under-
landings of a great part of the kingdom, and the
pretenfions of Charles the Firft were fupported by
a large proportion of the Englifli nobility. For-
tunately, however, thefe pretenfions did not pre-
vail.

[ 17 ]

vail, and the exclufive right of Parliament to grant
the money of the people, was vindicated, though
not without the efFufion of torrents of blood.

It will make little difference, th^t in this cafe
it is not a fingle perfon, under the title of King,
who claims the power of levying money on the
Colonies, but the united power of King, Lords,
and Commons ; for, with refpe6l to America,
that united body of men ftand exaftly in the place
of one Monarch -, they are as much difengaged
from all check or controul, arifing from the per-
fons who are the objeds of taxation, as Charles I.
was with refpeft to the people of England -, and
tlie experience of mankind has Ihewn, that free
ftates have often exercifed a more cruel and re-
kntlefs tyranny, over other ftates fubje6l to their
dominion, than has been ufually pradifed by a
fingle Monarch. Our own hiflory proves, that
the condud: of thofe great defenders of freedom,
who eftablifhed the Revolution, was not a little
defpotic, with refpedt to America.

Such then was the profpeft of America, if they
had patiently fubmitted to Parliamentary taxa--
tion ; and I think i can appeal to the bread of
every honeft Englifhman, whether, if he had been
fettled in America, and had viewed the matter in'
this light, he would not have facrificed the laft
drop of his blood, rather than have fubmitted to
llich a claim.

■ That the true ground of diftindion, between

our taxing the unreprefented part of England,

and taxing America, has not been heretofore fuf-

E 2 ficienrly

[ 28 ]

^ciently attend<;d to, will appear^ by examining
the various political tradts which have been wrote
to prove our right, and the juflice of the prefent
war, Dodor Tucker, E)ean of Gloucefter, has
canvalTed this fubject very ably, in a treatile^
lately republished with four other trails, entitled^
" Letter from a Merchant in London to his Ne-
" phew in America," which was wrote before the
prefent civil war commenced. I have annexed,
in the Appendix No. II. an Extra<5l from that
wprk, and another Extract from a pamphlet which
has pafled through many editions, entitled, " The
*' Rights of Great Britain afferred againfl the
" Claims of America, being an anfwer to the De-
" claration of the General Congrefs." Iq neither
of thefe ingenious publications, is any notice taken
of this important diflinftion, though every other,
argument, which either has been, or perhaps can
be urged in^ favour of America, is very fully ai^d
learnedly difcqlTed.

Mr. Grenville too, in the Houfe of Commons,
when he oppofed, out of office, the repeal of the
Stamp Act, appears, by the printed account of his
Speech, to have defended the fyilem of taxing
America, upon no other ground, than the power of
Parliam.ent to ^ax the imreprefented part of Eng-
land. The Earl of Chatham, indeed, in the ra-
pidity of a reply, (lightly touched the diflinClion,
in one fentence, but did not, I think, dwell fuf-
ficientiy upon it, to bring it home to the feelings,
and underftandings of the nation. His words, in
anfwer to Mr. Grenville, as printed, were thefe,

'* Tae

[ 19 5

f * The Gentleman tells us of many who are taxed
,*^ and are not reprefenced. The India Com-
ff pany. Merchants, Stockholders, Manufa6lurers.
" Surely many of thefe are reprefented in other
5* capacities, as owners of land, or as freemen of
f boroughs. It is a misfortvme that more are
f- not adually reprefented. Bui they are all Inha-
f' hitants^ and^ as juch^ are virtually reprefented,
f^ They have connections with thofe that ele6V^
f* and they have influence over them. The gentle-r
f* man mentioned the Stockholders. I hope he
f^ does not reckon the debts of the nation as 4

f* part of the national eflate. "

That the Americans, however, felt the full
force of this objection, though they have not ftated
it in words, there can be no doubt. The quef-
tion was ftirred in 1754, and the dangerous con-
fequences explained by JDr, Franklyn, refiding in
America, long before the Stamp Aft, That fub-
iequent attempt, by ]VIr. Grenville, in 1764, re-
called their attention to it, and it was difcuiled in
many printed pamphlets, and in mod of their
news-papers. It is well known, that the loweft
clafs of people in America, are taught to read, and
that publications concerning public matters, which
being untaxed are cheaper there than here, areuni-
verfally difperfed. In fuch a country, it was eafy to
intereft every man, from the higheft to the loweft,
in a queftion of fuch infinite importance to all j
and this feem.s to account fuliiciently for the united
and perfevering refiftance, they have hitherto fuc-

cefsfully made.

Whether

I 30 ]

Whether from the amazing force of this coun-
try, we might not have luddenly overwhehned
them, if the degree of refiftance had been fore-
feen, is a queflion, which it is not neceffary
for me to difcufs, my objeft being only to exr
amine the grounds they had for that refiftance.

But it may be faid, that if it is admitted, that
Parliament had always exercifed a fupreme autho-
rity over the Colonies, it is not a fufficient ground
to overturn an eftablifhed right, to alTert, that
fuch a right is liable to abufe, and that good reafons
can be given why it ought never to have exifted.

I allow that this argumxcnt has great weight,
becaule a contrary dodrine would unhinge moft of
the Governments which now exift in the world ;
but in the prcfent cafe, the exercife of taxation,
with the exprefs view of raifing a revenue in thq
Colonies, v/as an innovation ; the Colonies had not
acquiefced in itj the matter came to be difcufled
wpon the firft avowed attempt,- they law the dan-
ger, and as it was contrary, in their apprehenfion,
to the fpirit of the Conftitution, which in this
iiland has eftablifhed conftitutional checks upon
thofe who impofe public taxes, it is not to be
wondered that the Americans refifted the claim.
The right of Charles I. to levy ftiip-money with-
out the confent of Parliament, was much better
founded in precedent, than our right to tax Ame-
rica ', but our anceftors wifely thought, that even
thefe precedents, however ftrong, could not fup-
port a power which was fo dangerous to their

liberties.

But

[ 31 1

But it has been faid, that the Americans had all
along a fcheme of Independence, and that our
claim of taxation was only the pretext made ufe
of for refiftance, and not the caufe; that this was
difcovered by Monfieur Montcalm, when in Ca-
nada, as appears by his letters lately publiflied ; and
that after the conqueft of Canada, when they
were relieved from the apprehenfion of the French
power, their plan, which had been long meditated,
was completely formed, and the ftruggle muft
have taken place fooner or latter; and that it was
an advantage to us to bring it to a trial of force
now, rather than at a later period, when their
power and their refourccs would have been greater;
and that it was particularly fortunate for us to
bring the queftion to a determination by arms, at
a time when we were at peace with all the reft of
the world.

This argument, I know, has made impreflion
on many fair and honourable minds, and there-
fore it deierves a particular examination.

The following reafons convince me, that the
Americans, in general, had no defire to render
themfelves independent of the Britilh govern-
ment.

In the firft place, it is a certain truth, that man--
kind are not difpofed to alter a government to
which they have been long accuilomed, and under
which they have enjoyed felicity ; but no people
ever enjoyed a greater degree of profperity and
happinefs, than exifted in America, till the idea of
taxing them was adopted in this kingdom] they
6 fyb-

t J2 J

fubmltted to the laws of trade ; they even fub-
mitted to the Admiralty Courts, where the judges^
iincontroiiled by a jury, were till lately, paid by a
fliare of the condemnations. Thefe Admiralty
Courts, were empowered to judge in revenue c[uef-
tions^ with a view to enforce more llri<flly the
laws of trade j and we refufed to trull fuch quef-
tions to juries, from a fufpicion, in my opinion,
weak and ill-grounded, and rather chofe to rifle
the difgull which might arife in America from thei
partial and interefted determinations of very low
men, whom we appointed judges, than run the
hazard of a few cargoes efcaping condemnation^
by the partiality of juries, who were to give their
verdi(5ts upon oath.

With the fame view to taxation^ we determined
to miake the Governors and Judges independent
of the Provincial Afiemblies. Before the idea of
taxation took place, it v.ms the pra6lice for the
AfTemblies to vote a filary to the refpe6live Go-
vernors, and alfo to the Judges, and no incon-
venience to this country was felt from it ; but
much good arofe to the Colonics, from this con-
troul over the executive and judicial powers?
but when we propofed to counteraft the inclina-
tions of the people, it became necefTary to remove
all controul upon thofe whom we fllould appoint-
to thefe offices.

The republican form of the American confti-
tutions, then too, began to give us difguft, fory
from the reign of King William till then, we had
felt no inconvenience that deferved to be men-
tioned

[ 33 ]

tioned from that circumflance ; and, if their con-
ftitutions were fuch as gave fatisfaiflion, and fe-
cured good order in each Colony, what motive
but taxation could induce us to find fault with
them ?

From fimilar motives it was, that James II.
attempted to deftroy the conftitutions of all the
corporations in England,' by virtue of quo war-
rantosy becaufe he wifhed to govern without con-
troul. The refiflance made to him, and tp his
father Charles I. did not proceed from any pre-
vious plan of independency, but certainly arofe
from their encroachments ; and yet the alTertors
of our liberties, in thofe times, were accufed of
a61:ing merely from ambitious views.

That the Colonies in America might have
been governed with eafe, if we had entertained
proper fentiments, is proved, to my convicftion,
by the following fa6t : — The conftirution of the
Mafachufetts Bay is, by far, the molt republican
6f any in America, Rhode Ifland perhaps ex-
cepted. It is that Colony w^hich has always
been confidered as the mofc averfe to the Englilli
government, and to have been chiefly initru-
mental in lighting up the prefent flame in Ame-
rica. In that Colony not only was the Aflx^mbly
chofen by the people, but the Council, which, in
mofl: of the other Colonies, is appointed by the
Crown, or by the Governor, is there chofen by
the new AflTembly, and • fuch Members of the
old AflTembly as are not re-elec5ted, the Governot
having only, I think, a negative. Notwithfranding

F this

[ 34 ]

this is the form of the Gonftitution> yet I am af-
fured, by undoubted authority, that it has al-
mofl alv/ays happened, that the perfons fup-
ported by the intereft of the Governor, have been
chofen Councellors ; and that in no inflance, for
many years back, was the eleftion of the Council
carried againft the wifhes of the Governor, except
that of the lail Council, which was chofen im-
mediately before the Mafachufetts Charter Bill ;
~and, notwithflanding the agitation of men^s minds
at that critical period, it required a gf^at deal
of addrefs and Itratagem, even then, to carry
the eleflion of the Council againft the Gover-
nor *.

Nor will this appear extraordinary to thofe,
who confider the great weight, which the execu-
tive power always mull have, in every country,
where attention is paid to govern mankind
:io;reeable to their inclinations. The office of
Councellor was in that Colony an objeifl of am-
bition, and thofe who afpired to obtain it, knew
the importance of having the fupport of the Go-

• The flratagem, I am told, was this : An eminent poli-
tician there fuggefted to his friends, that he thought, in the
agitation which then prevailed, they might be aWe, by ad-
drefs, to carry the elci^ion of Couocellors againft the Go-
vernor. He propofed to eleft Mr. Hancock Speaker of the
Aflembly ; and, as he was fure the Governor would make ufc
of his negative, and rejefl him, the Aflembly, he faid, woa!d be
inflamed, and if the eleflion of Councellors was immediately
brought on, he hoped their lift would have a majority. This
plan was followed, and the eleclion of Councellors was carried
- by a fmall majority. .

vcrrior's

[ 3S ]

vernor's intereft in the AfTcmbly ; by adding that
weight to the fcale of either candidate, the party
which he efpoiifed was Hire to prevail.

The Governor had few offices of profit to be-
llow, and no fund for bribery out of the public
money, and yet, by common attention in ma-
naging the pafTions of men, the influence of the
office of Governor was, at all times, very great in
that fettlement, though not always held by men
of the firft abilities.

idly. The Colonics have uniformly denied this
charge of independence J not only has it been denied
by the Congrefs in their printed declaration, but it
has been denied inftill ftronger terms by the particu-
lar Colonies. Thus the Colony of North Carolina,
in their addrefs to the inhabitants of the Britiffi Em-
pire, dated 8th Sept. 1775, has dil'claimed the accu-
fationwith evident marks of honeft fincerity. '* We
** have been told that independence is our ob-
*' jedj that we feek to ffiake off all conne6lion
•' with the Parent State. Cruel fuggeftion ! do
" not all our profeffions, all our adlions, uni-
" formly contradict this ? We again declare, and
" we invoke that Almighty Being, who fearches
*' the recelTes of the human heart, and knows
" our moft fecret intentions, that it is our moll
" earned wifh and prayer to be rellored, with
" the other united Colonies, to the Hate in
" which we and they were placed before the year
^* 1763, difpofed to glance over any regulations
" w'hich Britain had made previous to this, and
F 2 " which

[ 36 ]

" which feem to be injurious and opprefTive to
" thefe Colonies, hoping that, at fome future
" day, fhe will benignly interpofe, and remove
" from us every caufe of complaint."

The Congrefs, in the declaration fetting forth
the caufes of taking up arms, 6th July, 1775,
has been alfo very explicit: — " Left this decla-
" ration fhould difquiet the minds of our friends
*^ and fellow-fubje6ts, in any part of the Empire,
" we afllire them, that we mean not to difTolve
" that union which has fo long and fo happily
" fubfifted between us, and which we fincerely
'^ wifh to fee reftored. NecefTity has not yet
" driven us into that defperate meafure, or in-
" duced us to excite any other nation to war
*' againft them. We have not raifed armies
*^ with ambitious defigns of feparating from
** Great Britain, and eftablilhing independent
" ftates. We fight not for glory or for con-
" queft. We exhibit to mankind the remark-
" able fpeftacle of a people attacked by unpro-
" voiced enemies, without any imputation or
" fufpicion of offence. They boaft of their pri-
*' vileges and civilization, and yet proffer no
" milder conditions than fervitude or death."

If it is faid that thefe declarations are not to
be trufted, it cannot be denied, that they are a
proof, at leaft, that thofe who made them thought
it unfafe to declare any other fentiments, and
that therefore the great body of the people were
averfe to the idea of independency, and, in fuch

a fitua-t

[ 37 ]

a fituation, nothing but unwife condu<5b on our
part, could have deprived us of the allegiance of
a people lb difpofed.

jdly. It is well known, that after the fate of
their laft petition to his Majefty, and after all the
a<^s which we afterwards pafled, yet, when the
vote of independency was propofed to the Con-
grefs, it was carried by a very fmall majority the
firft day, and on the fecond day the votes were
equal, fo that the queftion went off for that
tinne.

4thly, As I know of no fafts which prove that
the Americans in general entertained ideas of
independency, before our plan of taxation, and
as they could not, I thinky have any reafonable
motive for entertaining that idea, fo there are
many fa6bs which prove the contrary. The re-
quefl which they made after thefe dilputes com-
menced, to be put upon the fame footing as they
were in 1763; and the petition of the Congrefs
to his Majefty, prefented to the Secretary of State
on the ift of Sept. 1775, feem to me convincing
proofs that independency was not their aim. That
petition concludes in the following manner : " We
** therefore befeech your Majefty, that your royal
** authority and influence may be gracioufly inter-
** pofed, to procure us relief from our affli61:ing
** fears and jealoufies, occafioned by the fyftem-
** before mentioned, and to fettle peace through
" every part of your dominions, with all humility
" fubmitting to your Majefty's wife confideration,
*' whether it might riot be expedient, for facili-

" tatin

[ 33 T'

" tating thefe important piirpofcs, tliat your Ma-
" jefty would be pleafed to dired: fome mode, by
" which the united applications of your faithful'
" Colonifts to the Throne, in purfuance of their
" Common Councils, might be improved into a*
" happy and permanent reconciliation." In ano^'
ther place of the fame Petition, they declare,
" Our breafts retain too tender a regard, for the
" kingdom from which we derive our origin, to
" rcqueft fuch a reconciliation, as might in any'
" manner be inconfiftent with her dignity of her"
" welfare."

If it be faid, that the Americans, in general
might not aim at independence, yet, that this was
the idea of many leading men amongft them, and
would, one day or other, have been the general
wilh. It firft remains to be proved, that any fuch
men exiiled. among them. It is plain that Dr.
Franklyn, in 1754, entertained no fuch notions
and, if it had been the opinjon of fome parti-
cular perfons, will any wife man believe, that if
our government in that country had been well ad-
miniftered, the favourable opinions of the great
body of the people, could have been perverted fo
much, as to make them renounce prefent eafe,
happinefs, and fecurity, to purfue an uncertain
phantom, which, when attained, might difappoint
their fanguine hopes ?

5thly, I think it plain, that his Majefly's Mi-.
nifters did not believe, that independency was the
general wiOi of America; and if they who had an
opportunity of the beft intelligence upon the fub-

jea

[ 2^ ]

je6l did not believe it, I think it impoffible that
there could be any truth in the accufation. That
they did not believe it, leems to me, to be proved
by the famous circular letter of Lord Hillfborough,
after the repeal of all the duties impofed by the
aft yth of his Majefty, except on tea, and ad-
drelTed to the American Governors, to be com-
municated by them to the feveral aflemblies. In
that letter, the moil pofitive afTurances were given,
that it was not the intention to impofe any fur-
ther duties upon America by authority of the
Britilli Parliament i but if the Colonies had feri-
oufly been thought to aim at independency, to
what purpofe was this declaration. If, on the
Qther hand, it was believed, that the true caufe of
their uneafinefs, proceeded fi'om pur claim to taxa-
tion ; thefe afTurances. were proper, and calculated
to anfwer a good purpofe, as they certainly did.

If his Majelty's Minifterss had believed independ-
ency , to be a prevailing idea in America, would
they have fent fo 'incorifiderable a force, as they
did at firft, under general Gage, fufficient only
to quell a few fa6liou3.' rioters ; or would they have
affirmed, as they did repeatedly to Parliament,
that the friends of Government were very nu-
merous in America, and that it was only the vio-
lence of a fmall number of faftious men, which
had prevented our friends from Ihewing tlieir in-
clinations ? The conciliatory propofition of *Lord
North, moved in the Houfe of Commons, 27th
February, 1775, and the a6t of Parliament, em-
powering the Crown to fend out CommilTi-Qners to

5 g^^"^

[ +0 ]

grant pardons, and with private inftruftions, pro-
bably of a more extenfive nature, would have been
ridiculous, ifadminiftration had ferioufly believed,
that the Americans in general aimed at independ*
cnce.

6thly, If independence had been in the con-
templation of America, can we fuppofe, that they
would have left themfelves fo ill provided with
the means of fupporting it, as they certainly were
at the beginning of thefe confufions ?

The riot at Bofton in 1774, when the tea was
deftroyed, was merely a refiftance to a particular
tax they difliked, and not the refult of any deep
laid fcheme of independence * i at the fame time,
it would not have been furprifirtg, if the Ameri-
cans had been much better prepared than they
were for refiftance, confidering the condudt of
Parliament foon after the repeal of the Stamp
A(5l, when the plan of taxation was refumed, and
the unneceflary and unprodudive tax upon tea
was repeatedly refufed to be repealed.

It feems unfair, to urge as a proof that they
aimed at independence, the fpeculations of phi-
lofophers, with refped to the probable ftate of
America, at a diftant period of time, when it is
fuppofed, their numbers and wealth fliall greatly
exceed thofe of this country. Thefe fpeculations>
however ingenious, are merely conjectural, and
could not be fuppofed the real motives of con-^

• The tea in all the other Colonies was fent backj and wa&
deftroyed at Bofton, from the obftinacy of the Confignee, vvho
refufed tQ permit the Ihip to return to England. ' ^

dua.

[ 41 ]

du6l, in the minds of any confiderable part of the
prefent inhabitants of America.

Withrefpe(5lto the letters of Morlfieur Montcalm,
I believe them to be fidlitious, and certainly their
authenticity is by no means afcertained. If they had
been genuine, it is not probable that they would
have been fo long of making their appearance ;
but it was eafy to prophecy, as thefe letters do,
after the event had happened. There have been
fo many publications in France, of letters as ge-
nuine, which were afterwards difcovered to be
the mere works of imagination, that no wile man
would chufe to reft his belief, concerning a point
of fo much confequence,upon the chance that thefe
letters are not invented, but real.

But it will be faid, their late declaration of
independence, is a decifive proof that they had
no other objecl from the beginning. Was the re-
publican eftablifhment in England, after the long
itruggle with Charles the Firft, a proof that the
great body of the people of England took up
arms from the beginning, in order to eftablifh a
republic ? If I have been fuccefsful in Ihewing,
that the Americans had jull grounds for the moft
ferious alarm, from our claims of a power to tax
them here, to which we added, a claim to alter
their charters of Government j if they had more
than an intimation, by the Quebec Bill, what was
the fort of conftitution we wifhed to introduce in
all the provinces, we have no need to fearch fur-
ther, for motives fufficient to induce a jealous,
enlightened, and high-fpirited people, to take up

G arms.

[ 41 ]

arms, without fuppofing that indeperwdency was
ever their objeft. But when they found that we
paid no attention to their fears and jealoulies, but
that, after fending a force to Bofton under General
Howe, which was compelled afterwards .to leave
it, we prepared and fent out a much greater force,
and palTed feveral a6ls of Parliamient, which fliow-
ed our difpoiition to reduce them to unconditional
fubjedion ; but above all, when not only the pe-
tition from New York was refufed by Parliament,
but his Majefty was advifed to rejedl, without an
anfwer, the laft petition of the Congrefs ; it feems
to me, that the Americans had no option left, but
either to fubmit as a conquered people, and de-
pend on the generofity of thole, who had been
taught to view them in the moft contemptible
light, or to declare themfelves independent, in or-
der to eftabliHi fome regular form of government
amongft themfelves, and to entitle them to treat
for afliflance with other powers.

From the view I have taken of the fubjedl:, I
think it muft appear to every man who will per-
mit himfelf to judge without prejudice, that the
obje6lion of the Americans to their being taxed by
this country, v/as not an unreafonable caprice,
but of a moll ferious and important nature i and
that the Britifh Parliament, being neither eledled
by them, nor impofing at the fame moment on
themfelves and their conflituents, the taxes they
were to vote on America, had not thofe conflitu-
tional checks, to prevent an abufe of that danger-
ous power, whicli is in truth the eflence of the

Britifh

[ 43 ]

Britifh Conftitiition. It will alfo appear, that by
the fyftem adopted with refped: to the Colonies,
in eftablifhing a monopoly of their trade, we had
in fad: exacted from them a proportion of our pub-
lic burdens ; that if we had been willing to give
them a reprefentation in the Britilli Parliament,
it would have afforded them a very feeble pro-
tedlion, unlefs every tax impofed upon America
was to be at the fame time impofed upon our-
felves ; that we could not, in jullice, impofe upon
them all our own taxes, and yet tax them at
the fame time, bypreferving our monopoly; and
that even, if a method could have been devifed,
of fixing a proportion to be paid by them now,
as a full equivalent for their prefent proportion
of the public taxes, and that they fhould never
pay more in future, except a fimilar proportion
of fuch increafe of taxes as we might hereafter
make upon ourfelves ; yet llill they would not
have been put upon a fair footing with us, unlefs
they were allowed to fend reprefentativejs to Parlia-
ment, in order to guard both us and themfelves
againft any fuch increafe; and it would have
been farther necelfary, in ftricl juflice, that our
laws of trade with refpeft to America fhould have
been fixed, fo as to prevent any polfible increafe of
the burden upon them in that refped ; for as thefe
laws are not of a general nature, but are made
to burden America only, without at the fame
time burdening our own conftituenta, the Britifh
Parliament would, in all queftions of that kind,
have wanted that conftitutional check, which is
G % the

[ 44 ]

the efTence of the power of taxatiorij and the fup-
pofed reprefentatives from America would have
been able to make too feeble a defence in fuch
fort of queftions againft the united intereit of all
the other Members of our Britifh Houfe of Com-
mons. And after all, thefe colonies would fliU
have fuffered many difadvantages by the want of
a legiflative power amongfl themfelves.

I believe there are few, even of the mofl zea-
lous in fupport of the American war, who would
in private converfation aflert as their opinion, that
his Majefty's American fubjefls ought to be on a
worfe footing with refpe6t to taxation, than the
inhabitants of Great Britain, On the contrary, the
conflant language is, that the Americans demand
privileges which do not belong to Britons j that they
ought to bear their proportion of the public but'
dens J that they have taken arms in the face of the
law of the land, and the conftitution of the em-
pire i and that not contented with a participation
of the happy conftitution of this country, they
have aimed at privileges, in claiming an exemp-
tion from Parliamentary taxation, which we in
this ifland do not enjoy ; that this war is meant
to reftore liberty to the Americans, to rellore to
them the rights and privileges of the Britilli Con-^
ftitution, and to refcue them froin the defpotilirj
of their factious leaders, and of that Congrefs
which they had elected.

But from what lias been faid, I apprehend it to
be clear and manifeft, that the power of taxing
America cannot be trufled with the Britifli Par-r

liament,

[ 45 ]

liament, with the fame fafety, as the power of
taxing Britain; that the Americans would be on
a worfe footing than us, and would be deftitute
gf thofe checks, which controul in Britain the
abufe of taxation ; and that when we infifb upon
putting them on that footing, we defire what is
unreafonable for us to aik, and for them to fub-
mit to.

Ought they not then to contribute to the bur-
dens of the Itate ? They certainly ought, and by
the reftriclions impofed on their trade, they cer-
tainly do contribute very largely ; but perhaps
they do not contribute their full proportion j
the long pofleflion of their exclufive trade, has, I
believe, given fuch advantages to the Britifli ma-
nufafturers, that they are now able to furnifli 4
great part of our manufactures to the Americans,
cheaper than they could be purchafed elfewhere ;
and therefore, the confining the Americans to take
thele from us, is no hardfliip upon them, and is,
in truth, unnecelTary for us, I believe too, that
much relaxation might be made with refpeft to
the regulations of their trade, with great advan-
tage to them, and without any material injury to
us i and if that were done, they certainly ought to
contribute in another way, to the public burdens
of the State.

But I would willi to know, if we might not
fafely truft, that fuch contribution would be chear-
fully granted by their own alTemblies ; as is done
by the Parliament of Ireland. There is certainly
nothing unconftitutional in that mode of obtaining
2 a ccn-

[ 46 ]

a contribution from part of the empire, otherwife
Ireland would not have been fo long exempted
from Parliamentary taxation.

It has been faid, however, that fuch a mode
might become dangerous to the liberty of this
country, becaufe the King would thereby have
the means of levying money without the confent
of the Britifh Parliament, and by obtaining mo-
ney from the American Aflcmblies, the Crown
might, at fome critical period, be rendered in-
dependent of the Britilh Parliament.

But this objedion, which applies equally to
the cafe of Ireland, is certainly not founded on
any very probable conjefture, and could eafily
be obviated, both with refpect to Ireland and
the Colonies, by pafTing an acl, which would
bind his Majefty, that all a6ls of affembly, or of
thelrifli Parliament, containinggrantsof money to
the Crown, and not appropriated to fpecial pur-
pofes in the Colony, fhould, before they are read
the third time in America or Ireland, be com-
municated to botJi Houfes of the Britifh Parlia-
ment, and receive the approbation of each by a
rdoiution to be entered in their journals.

It is faid, however, that it is not to be ex-
pefled that the American Aflemblies would
vote their money for the public fervice, becaufe
they would have no controul, like the Britifh
Parliament, on the expenditure of the money
which they might grant; that being removed
from the feat of government, the influence of
the Crown would be fo weak, as not to be able

to

[ 47 ]

to carry any queftion ; and that, as by their re-
fuial to grant, the wheels of the whole ma-
chine would not be entirely ftopt, as in the cafe
of a refufal to grant the ufual fiipplies here, there
would not be any natural and permanent com-
pulfion upon their affemblies, to make fuch
grants ; and that therefore, to give them the ex-
clufive privilege of voting their ov/n money,
would, in effecl, be giving them an entire ex-
emption.

This argument is plaufible, and, I doubt not,
has made an impreflion on many difpaffionate and
impartial men ; but has the experience of Ireland
jufbified this theory ? Did not Charles the Firft
conceive the fame ideas concerning the impradti-
cability of obtaining proper fupplies of money
from an Englifh Houfe of Commons ? and has
the experience of the laft century juflified thefe
fufpicions ? It is, however, extremely probable,
that the American Aflemblies would at lirft have
been very fparing of their grants, that they would
have infilled on the redrefs of many grievances,
that they would have ftipulated concerning the
application of their money before they had voted
it, that they would moft probably have arraigned
the wafteful conduft of minifters, and would have
propofed many methods for lelfening the expence;
but I am convinced, that if the juft complaints of
the Americans had been liftened to, and their con-
fidence gained, the American Affemblies, when-
ever there was a real ground for afking money,
would have granted liberally ; and as a lover of

this

[ 48 ]

this Conftitution, I fhoiild haVe rejoiced, that th6?
difficulty of obtaining money from the American
Affcmblies had exifted, as a frefli motive with
miniiters for good condudl, and to compel a pro-
per exercife of the executive power.

The truth is, that where men are not afraid
of encroachments on their liberties, and their
minds are not foiired by improper treatment, their
reprefentatives, in place of being too niggardly,
have, on the contrary, been too lavifli, in voting
the public money ; and the weight of Government
is fuch, from the natural tendency of mankind to
be governed, and from the defire which m.oll men
have for honours and diftinftions, that even irl
very weak hands, and without the aid of bribery,
the executive power can always obtain, in popular
aHemblies, much larger fupplies, than in wifdom
and prudence it ought to obtain.

Having thus taken a general view of the argu-
ment in favour of America, to which, as it ap-
pears to me, this country has not allowed fuffi-
cieht weight, and to which, 1 think, no fufficient
anfwer has ever yet been made ; I come next to
confider how far the Americans have allowed pro^
per weight to the argnment in favour of the
claims of this country.

And here I mnft obferve, that it was natural for
this country to think, that America ought to con-
tribute to the public burdens of the State, and
that it was alfo very natural for us to conceive,
that the Parliament of Great Britain had full
power to impole taxes upon them, fince we had

not

[ M9 ]

not only made laws to regulate their trade, but
had even in fome few inftances impofed internal:
taxes i what reafon had we, therefore, to doubt of
our power by the conftitution, to impofe taxes upon
them ? The non-exercife of our right could not
take it away, as that might, with reafon, be af-
cribed to the inability of the Colonies to contri-
bute. The doubt of die power of Parliament to
tax America, can hardly be faid to have generally
exifted in America itfelf, before the year 1754,
when the matter was for the firft time canvafled
in the papers annexed in the Appendix. It was
not, I believe, the idea of Mr. Grenville to make
life of that power, if the American Aflemblies
would themfelves have impofed a tax, to raife the
fum which he defired, and it was upon their re-
fufal only, that he made the motion for the Stamp
Ad: in the Britifh Houfe of Commons *. I have
already admitted, that it was of the utfnoft im-
portance to the Colonies to refill the impofition of
taxes by the Parliament here, and even to refuf«
impofmg taxes on themfelves,- equivalent to the
fum which Mr. Grenville demanded j becaufe I
agree with the American argument, that if the
Minifter or the Parliament here, were to name the

* I know it has been afTerted, that Mr. Grenville did not
give any option to the Ctlonies, to I'mpofe an equivalent
tax upon tliemfelves, but requited of them to point out fome
other tax equally piodu(!"Jive, to be fubttituted by the Britifh
Parli^menf, in place of the intended Siamp A9. ; but I have
always itndcrflood the facTc U be as 1 have now flated it.

H fum.

[ 5° ]

fiim, it is but a fmall advantage to them, to be
made the judges of the mode of railing it j for
fiich a privilege would have refembied only the
option given to Socrates^ to chufe between the
different modes in which he fliould be put to
death. Mr. Grenville's propofjtionj no doubt,
proceeded upon the fuppontion of an undoubted
power, veiled in Parliament, to tax America, and
upon that fuppofition,, it was an indulgence to
permit them to raife the money under the autho-
rity of their own Aflemblies ; but as the Ameri-
cans, by that time,= v/ere fufficiently enlightened
%o underilandy that if Parliament was to tax them,
there would exift no check or controul, as with us
tipon the exercife of that right,, they determined
to refill the attempt of taxing them, either di-
reftly by Parliament, or indire6lly by infilling
upon their raifing a fpecific fum by authority of
^eir own Aflemblies.

Mr. Grenviile might be excufed in the method
which he purfued, thinking, as he no doubt did,
that our right was clear j. and certainly he lliewed
a difpofition to exercife it with difcretion, both by
tht previous offer which' he made, and by his
choice of the tax upon Stamps. But I cannot help
thinking, the Americans were here in fome degree
fo blame, for as their claim to exemption from Par-
liamentary taxation,, was not furely an obvious pro-
pofition, they had no reafon to be furprized, that
it was not immediately admitted ; and as they
could not reafonably deny^ that fuppofing their
fight to exemption clear,, yet it was jufl and fit,.

that

r 5' ]

that they fhould contribute in forne degree to the
public burthens; I thinlc, that inftead of flatly re-
fufing to iinpofe any tax whatever on themfelves,
when Mr. Grenville dilcovered fo Itrong a difpo-
fition to conciliate, they ought to have offered to
raife fuch a fum as they thcmfeives thought rea-
fonable, refufing, at the fame time, to admit the
claim of a Parliamentary right to tax them, or
confequently our right to infill upon their voting
themfelves any fpecific fum.

Whether or not this would have prevented the
pafTing the Stamp Acl, and would have diverted
the ideas of this country from attempting to en-
force Parliamentary taxation, and would have in-
duced us to rely on the grants of the American Af-
femblies, it is impoffible now to fay; from the
good fenfe of Mr. Grenville, notwithftanding his
inflexibility, I think it would; but at any rate, in a
new and great queftion of this kind, and v/here it
was impofllble to deny that the State had a claim to
fome aids from America, I think it would have been
wifer and more becoming, upon the pan of the
Annericans, to have held out to the Miniflier and
the Parliament of this country, a golden bridge,
in order to avoid bringing to an immediate deci-
fion, a queftion of fuch magnitude, and involved
in fo much difficulty. See Appendix N'\ III.

The Americans ought furely to have confidered,
that it was not an eafy matter, to draw the line be^
tween the power of legiflation and taxation, fince
in the Britifh confl:itution they had appeared to be
always united; for though Ireland had never been
H % taxed

[ 5^ ]

taxed here, yet it v/as well known, there exifted,
in the Statute Books, an exprefs a6l, declaring,
that Parliament here had power to bind them in
all cafes whatfoever; fo that the right feemed to re-
main, though not exercifed. This therefore was
a political queilion entirely new, and neither party
had a title to condemn the other for the oppofite
opinions they entertained concerning it ; but lead
of ail had America a title to condemn the opinion
of this country, becaufe we had been in the exer-
cife of the power of regulating their trade, and of
levying indirectly by that means a tax upon them.
I admit, that there was much lefs danger in that
exercife of our power, than in direftly taxing
them ; and that our Parliament rnay be much more
fafely trufled with the power of making general
laws of regulation, than with that of taxing in a
direiTt manner i but certainly the diftinftion could
not be expected to be admitted as a feif-evider<t
propolition, upon its being firft mentioned ; and
there was not fufHcient ground, on accpunt merely,
of our denying its truth*, to impute to this country
a determined refolution^ to reduce our fellow-
fubjefts tp flavery, though I admit that, in time,
ilich might have proved the confequence^

I acknowledge, that as by pafling the Stamp
Act, Great Britain infiired on fo dangerous a right:,
the Americans were reduced to a moft difagreeable
dilemma ; for if they fubmitted in one inftance,
after the queflion was ftirred, they could hardly
afterwards have m.ade any efFeclual oppofition j

efpecjaU)?

[ 53 ]

efpeeially as their fubmilTion would have been im-
puted to fear ; but I do not think they had juft
grounds to confider Great Britain as acling on
that o.ccafion from anjf opprefTive motive, fince the
queftion of right was certainly doubtful ; and after
the Stamp A61 was repealed, and all the duties
contained in the Aft 7th of his Majefly, except
on tea, were alfo repealed j and after the afTur-
ances contained in Lord Hillfborough's letter,
they ought, and might, in my opinion, have -re-
lied that no further tax would have been impofed
upon them; at leaft, they ought to have delayed
any violent meafures, till fome tax had been adual^
ly impofed, which I am inclined to think, would
never have happened.

The permiflion granted by Parliament to the
Eaft India Company, to export their tea on their
pwn account to America, in place of felling it to
other exporters, was certainly no new tax, and
tended to furnifli the tea cheaper to the Ameri-
cans. That permiffion was occafioned by the un-
fortunate circumftance of the India Company hav-
ing overftocked their warehoufes with tea, which
made it neceifary to contrive fome means to enable
them to difpofe of it more readily ; and was not
the refult of any view to impofe a nev/ tax upon
America, The Colonies were therefore undoubt-
edly to blame, in fuffering themfelves to be in-
flamed by thofe, whofe profits by fmuggling
were likely to be affected^ in confequence of this
J proceeding

r 54 1

proceeding of the Eaft India Company *. If the
Colonies had afted upon that occafion with more
temper, thefe unfortunate convulfions would not
have happened, for I am convinced, that the Tea
duty was refufed to be repealed, more from an
idea of the neceffity, in point of dignity, of pre-
serving this mark of our right, than from any fe-
rious intention of ever afterwards impofing du»
ties on the Colonies, with a view to a ibiid re-*
venue.

The dignity of a nation is certainly a litde con-
cerned, not to give up a difputabje right, when it is
denied with a6ls of violence, though it lofes no dig-
nity in forbearing for ever the exerciie of fuch a
right i and as the permiflion granted to the India
Company was no nev/ tax, the Americans had not,
J think, fufFicient ground from thence to conclude^
that this country did not mean to forbear for ever
the exercife of that right of taxation which gave
America fo much alarm j and though I can make
great allowances for the jealoufies of freemen, in
a point of fo great moment, yet I muft condemn
thofe who endeavoured to excite it upon that oc-
cafion.

* It has hnwever been confidently aiTerted, that Minifters,
in propofing that mode of relieving the Eaft India Company, in
preference to any other, had a finiftcr view of rendeiinp; pro-
duflive there the unfortunate Tea Duty, which they had fo often
refufed to repeal, as thinking this the mod efFeflual method, to
counterad the non-iroportatiof) agreements, with refpedt to that
article, which had proved unfurmoontable obllacles to priv4:e
Merchants. See Appendix, No. IV.

I de

[ 55 T

I do not mean to enter into a juflification of the
proceedings of Parliament, in confcquence of the
deftrudion of the tea, becaufe I never did, and do
not now, approve of them. The Bofton Port Bill
indeed, if it had not been clogged with fome un-
fortunate claufcs, and had not been followed by the
Malfachufetts Charter Bill, might have proved a
faliitary and effeftiial meafure. But I haften ta
another point, in which I conceive the Americans
were too precipitate; I mean in their rejedlingthe
proportion made by Lord North, with a view to
conciliation.

Lord North, on the 27th Februaiy 1775, very
unexpeftedly, made the following motion in the
Houfe of Commons, which has been diftinguifhed
fince by the name of the Conciliatory Propofi-
tion, " Refolved, that when the Governory Coun-
cil, and Aflembly, or General Court of any of
his Majefty's Provinces or Colonies in America^
fhall propofe to make provifion, according to the
condition^ circumjtances, and fituation of fuch
Province or Colony ^ for contributing their propor-
tion to the common defence (fuch proportion to
be raifed under the authority of the General
Court or General AfTembiy of fuch Province or
Colony, and difpofable by Pariiam.ent), and
fhall engage to make provifion alfo, for the
fupport of the civil Government, and the ad-
miniltration cf jiiftice in fuch Province or Co-
lony, it will be proper, if fuch propofal fhall be
approved by his Majefty and the two Houfesof
Parliament, and for fo long as fuch provifion fh&ll

" he

[ 56 1

" he made accordingly y to forbear, in refpe<5b of fucH
" Province or Colony, to levy any duty,- tax, or
" affefTment, or to impofe any farther tax or affeff-
" ment, except only fuch duties as it may be ex-
*' pedient to continue to levy or to impole for
" the regulation of commer(pe J the net produce of
" the duties laft mentioned, to be carried to the
*' account of fuch Province or Colony refpec-
" tively."

I had not at that time a feat in the Houfe, as-
the petition againft the return of my competitor
had not been heard; but I was prcfent during the
debate ; and I was and am convinced, that the
propofition was well intended, and that it ought
not to have been received in the manner it was re-
ceived, by thofe who efpoufed in the houfe, at that
time, the caufe of America. The propofition
was indeed defeftive in the mode of expreffion,
and did not convey in a clear and unambiguous
manner, what I firmly believe was the meaning of
the noble Lord. I am convinced, that it was tlie
intention of that propofition, that after fettling in
an equitable and moderate manner, with the re-
fpedive American Affemblies, for a fum to be con-
tributed by each, for the public fervice, that no
further taxes were to be impofed upon them by
the Britifh Parliament. This v/as, in my opinion,
a moll juft and proper manner, with refpedb to
America, of fettling finally this unfortunate dif-
pute; for, unqueltionably, it was juft that they
fhould bear afhare of the public burthens, and if
Great Britain was willing to fix , their proportion

at

[ 57 ]■

at once, and to exempt them for ever from all
grounds of apprehenfion, they could have no rea-
fon to complain. On the contrary, the agreement
was highly advantageous to them j for, as they are
evidently in a courfe of increafing rapidly, both in
numbers and in wealth, and have immenfe tradls of
wafte lands ftill to cultivate, no fum which could
pofTibly be agreed on at this period, could have
borne any proportion to what they ought to have
paid as their juft fhare hereafter, of the public bur-
thens ; fo that to appearance, the proportion was
in fa6t too favourable to them ; though at the fame
time, I am perfectly latisfied, that if this agree-
ment had been made, and all apprehenfions of
Parliamentary taxation, and of altering their char-
ters, had been quieted for ever, we Ihould have
obtained, in future times, more ample grants from
the American AfTemblies, on all occafions of pub-
lic danger, than ever could have been exa6ted
from them by a6ls of tlie Britilh Legiflature.

But unfortunately the propofition, on its firfl
appearance, was violently attacked by very able
fpeakers, who defended the caufe of America ; and
it was afterwards moil luihappily mifunderftood,
when carried acrofs the Atlantic. It was conceived
by the Colonies to be infidious, and made with a
view of difuniting them, by giving better terms to
fome than to others ; and it was fuppofed, too, to
be nearly of the fame import with the propofition
of Mr. Grenville, and that the only concefiion in-
tended in it was, that the fum to be levied on
America, being fixed from time to time, here,

I in

[ 58 ]

in confequence of their refpecStive ofters, they were
to be permitted to levy that fum by the authority of
their own Ailemblies, but were to have no other
voice in fixing the quantum. They alio iinder-
ftood, that the amount of the falaries and appoint-
ments to the officers of Government in America,
was not to be determined by themfeives, but by
us J which they conceived would be a fource of
great abufe, and an inlet to corruption.

It muft be confefledj that the words made ufe of in
the propofition, afforded fome ground for the con-
ftru6lion put upon it by thofe who objedled to it in
the Houfe of Commons, and by the American
Congrefs ; for, the propofition not only requires,
that provifion fhould be made according to the con-
ditiotiy circumjia7ice^ and fituation of each Province or
Colony^ for contributing their proportion to the
common defence ; but the exercife of the right of
taxation is to be forborne only, fsrfo long as fuch
-provifion jhall be made accordingly^ which certainly
admits of this conftruftion, that whenever Parlia-
ment fhould be of opinion, that the fum firft agreed
on did not continue to correfpond to the condi-
tion, circumftances, and fituation of the Colony,
the agreement was at an end, and the right of tax-
ation might, notwithllanding the agreement, be
exercifed as before. This would undoubtedly
have been infidious j and though I am convinced
that thefe words only meant, that if the Ameri-
cans did not continue the proportion firfl: agreed
on, the exercife of taxation fhould be revived ; yet
in a matter of fuch infinite conlequence to the Co-

loniesj

[ 59 ]

lonies, it was not furprifing tliat they were fiifpi-
cious, and that they underftood ambiguous words
as meant to enfnare them.

But it is impoflible for me to believe, that the
noble Lord meant any thing infidious, or the lead
unfair ambiguity, by exprelTing himfelf as he did,
in that proportion. I remember I took occafion,
in the following feflion, to Itate to the Houfe the
fenfe in which the Americans underftood the pro-
pofition, and at the fame time the fenfe in which
I myfelf underftood it, and I called upon the noble
Lord, to explain in his place the fenfe in which he
meant it. His anfwer was plain and dire6l, that
he meant it in the fenfe in which 1 had underftood
it, and by no means in that in which the Ameri-
cans had conceived it, and that he meant it as the
ground-work of a fair negociation.

The proceedings in Parliament, in confequence
of the Petition from Nova Scotia, by which that
Colony declared its acceptance of the proportion,
though thefe proceedings were afterwards dropt,
are a further proof of the fenfe in which the propo-
fition was meant and underftood by Lord North.

But the public have the utmoft reafon to re-
gret, that in a matter of fuch magnitude, and
where fo much depended on the accuracy of ex-
preftion, this important propofition was not com-
municated to the friends of America, before it
was offered to the Houfe, that their objeftions
might have been obviated ; for it is not to be
wondered that a people, whofe jealoufy had been
rouzed to fuch a degree, and whofe leaders did

I 2 not

[ 6o ] •

not perhaps wifh for a reconciliation, fhould re-
jed a propofidon, fo conceived, as to admit of be-
ing confidered as infidious, and which, if taken in
the fenfe the words could bear, was no other than
a fnare to deceive them.

It was evident to thofe who were prefent, when
this proportion was offered to the Houfe, that it
was made by the noble Lord, without the full affent
of all his aflbciates in adminiftration ; which is ano-
ther proof, to my mind, that lie meant by it, a
great deal more than the Americans apprehended;
for if it meant to leave Parliament at liberty to
vary the proportion of each Colony, from time to
time, the moll violent alfertor of the rights of Par-
liament could not have objedled to it ; and I, for
one, Ihall always think favourably of the noble
Lord, for the candour and moderation which
fuggefted to him the idea of that propofition,
though it was attended with fo little fuccefs.

But as I have taken the liberty to cenfure the
oppofition given in Parliament to that propofition,
I think myfelf called upon, in juflicc, to exprefs
the approbation which I- feel, of the conduft of
the fame Members, upon leveral fubfcquent occa-
fions. In the coyrfe gf th^fe, Aiperican debates, in-
ftead of confining themfely^s merely, as is ufual, to
objeding to themeafurespropofed in Parliament by
Adminiftration, they have repeatedly propofedplans
of accommodation with the Colonies, which it
was in the power of Adminiftration to have amend-
<;d and adopted, and by which, if they had adopted
them, the propofers would haye reaped no other

advan-

[ 6i ]

2|dyantage, except the iatisfadion of having ren-
dered, out of office, a moft eflential fervice to
their country. This condu6l, of which I highly
approve, counterbalances, in a great meafure, in
my mind, the error I think they committed, in.
oppofing, inftead of endeavouring to correal, the
defects of that proportion of the 27 th February,
1 77 5, in order to have recommended it with all
their influence, to the acceptance of America.

- I am apt to think, that the unfavourable recep-
tion of that proportion in America, was the true
caufcj that no farther attempt was ipade in Parlia-.
ment, to ofl'er terms to the Colonies, and probably
fuggefted the idea of fending out Commiflioners ;
but as the powers granted to them by Parliament
were confined to the granting of Pardons, it was
impoffible that they could do more, than merely
to enquire, upon what terms an agreement could
Ije made.

. "From a general review of this fubjed:, I think-
it mull appear, to every perfon who will permit
himfelf to confider it, with that impartiality which
may be expelled from diflant ages, that there was
in this cafe, a real ground for difference of opinion,
between America and us, on the fubjed of taxa-
tjoHi without thro wing upon them, the imputation
of blind and fadlious zeal, or upon us, that of an
infoient defire to injure or opprefs them. On the
one hand, we had a right to exped from them
a contribution to the public expences, not iiir
deed fo much as if they had not becA t^x-ed by
tlie regulations of trade, but ftill a confiderable
3 con-

[ 62 ]]

contribution ; on the other hand, they had good
ground to conceive, that according to the prin-
ciples and fpirit of this Conftitution, a Parliament
neither chofen by them, nor reftrained in taxing
them, by being fharers themfelves with their con-
ftituents in the fame tax, was not a fit power to
be trufted with the uncontrolled authority of im-
pofing taxes upon them. Both parties were there-
fore, in fome meafure, in the right, and both
were alfo in the wrong. If mankind were not un-
fortunately mote apt to ad: from paffion than from
reafon, and if this matter had been clearly under-
ttood from the beginning, a line of reconciliation
might eafily have been adopted, for the mutual fa-
tisfaftion of this countjy and of America, without'
the irretrievable wafte which has happened, of fo
much blood and treafure on both fides.

Matters I hope are not yet gone fo far, ^s to
render it impofiible ftill to adopt fuch a line -, but
it will require the exertion of the wifeft men in
both countries, to footh the prejudices and en-
lighten the minds of the great body of the people,
both here and there.

I am inclined to think, that it will be much
more cafy to reconcile the minds of the people of
this country to- fuch an arrangement, than thofe
of the Americans. We are noW, ih a great mea-
fure, I believe, cured of the dream of an cafy
conquefl, and we are awake to the difadvantages
of continuing, at fuch a diflance, for any length of
time, a war of fo much expence, which has already
coft us much more, than the objed cither of

cpcclufive

[ 63 ]

exclufive trade or of revenue, perhaps, was ever
worth i and which, in the courfe of human events,
may end, not merely in the lofs of America to us ;
but if, by the bravery of our troops, in this or a
future campaign, we Ihould reduce them to great
difficulties, may throw them into the arms of
France, which feem open to receive them ; and
even if we Ihould prevail to the utmoft of our
wifhes, muft entail upon us, not merely an enor-
mous debt, but a military eftablifhment, not more
deftru6tive to them, than dangerous to the liberties
of this country. But it may not be fo eafy now,
to induce the people of America to accept of
thofe terms of conciliation, which, not long ago,
they would have rejoiced at. I hope, however,
there are a fufficient number of men in that ex-
tenfive continent, endued with a true love of their
country, and fufficiently diveiled of pafTion and
prejudice, to be able to difcern the true interelt of
America upon this occafion.

To fuch men I would wifh to addrefs myfelf,
and I think they will readily admit, that if the un-
certain events of war ihould compel them to a
union, either with this country, or with France,
it would be infinitely preferable to return to their
ancient friendfhip with us. The old ties of con-
nexion are not yet broken, and the fpirit they have
fhown, in defence of their pretenfions, will, after
the end of this conteft, place them high in the efti-
mation of every Englidiman. They have no rea-
fon to apprehend any future attempts, to encroach
upon their rights ; on the contrary, the attention

of

[ 64 1

of minifters to what concerns them, will probably
as much exceed the true medium, in their favour,
as it before fell lliort of it, againft them. United
with us, we fhould ftand firm and fecure, if af-
failed by the united efforts of the moft powerful
ftates in the world, and America will thus be pre-
ferved, not only from foreign wars, but from the
danger of internal difcord, and will go on, in that
high career of profperity, which it enjoyed before
the unfortunate sera of 1764.

But America has declared itfelf independent,
and the idea of eftablifhing a new and magni-
ficent empire, upon the pillars of freedom, is a
flattering objefl, and muft captivate every youthful
and generous mind j but are there no rocks or
quicklands to be dreaded ? Even if the objedl
-were already obtained, it would be a new phe-
nomenon in the univerfe, a republic pofTeffing
an extenfive continent, and yet preferving its li-
berty; the wifeft and moft plaufible theory, cannot
provide againft all the dangers of fo new and un-
trodden a path. The Englifli Conftitution, with
all its defefls, is undoubtedly the beft that has
ever yet exifted upon the globe, and it will be
time enough for the Americans to feparate them-
felves from us, when the natural decay of all hu-
man inftitutions, has rendered this fair fabric a
fcene of corruption, and when defpotifm begins to
rife upon its ruins ; till then, it will be the intereft
of America to continue united with Great Britain.
The two countries are peculiarly fitted to contri-
bute to each other's profperity ; and if any thing

is

[ 65 ]

is likely to prolong, to ages too remote for pro-
bable conjeclure, the freedom and profperity of
this kingdom, I conceive it would be, the con-
nedion which may now be formed Vvith Britifh
America.

The palTionsofthe Americans, who are in the
mid ft of the fcene of atflion, muft no doubt be
more excited than here, where all is Hill at reft,
and certainly refentment, from the dcfolation of
war, muft be ftrong in the minds of inany; but
the fucceftes they have had, againft the beft dif-
ciplined and braveft troops in Europe, as it muft
elevate their minds, will alfo, in brave men, al-
leviate their refentment, and the condu61; of Ge-
neral Gates and his army, after the capitulation of
General Burgoyne, is an evident proof, that this
has been the cafe. The condu6l of that vidtorious
army, was that of a brave, generous, and civil-
ized people ; and at the fame time that it de-
ferves the higheft praife, is an evident proof, that
the violence of refentment was extinguiftied with
vidtory.

Another obftacle may arife, from the ambition
of individuals, who having been raifed by the
prefent difputes, to fituations of great importance^
may diflike to return to their former fituations*
But as the Americans have not cxifted as a fepa-
rate people, for more than two years ; as the indi-
viduals v/hich compofe that people, have not yet
had time to be corrupted ; and as I do believe,
that the greater part of thofe, who have put them-
felves moft forward, on this occafion, have been
K influenced

[ 66 ]

influenced by a ftrong and fervent love of their
country ; I do not believe, that if a fair profpeft
is opened, of eftablifliing the rights of America
upon a clear and folid footing, and of reftoring
the ancient conneclion with this country, upon ho- ^
nourable terms, that thefe men will, from per-
fonal motives, throw any obftacle in the way.
That fuch felfifh principles are the growth of cor-
rupted ftates, and do not exift in the early ages
of a Republic, may be feen, from what frequently
happened in ancient Rome, where thofe who had
ferved the ftate in the higheil fituations, in times
of public danger, retired, without regret, to the
plough, and refumed the humble care of their do-
meflic concerns.

America mull know, that notwithftanding our
bad fuccelTes hitherto, we are flill able to diflrefs
them much, if not to conquer them. That if our
blood and treafure is wafted, theirs cannot be
fparedi and if it were clear, that the aid of
France would turn the fcale in their favour, yet
that aid cannot be obtained without concefTions
on their part, more prejudicial to them, than would
refult from a proper conne(51:ion with us, nor
would the trade of France compenfate to Ame-
rica, the lofs of the trade of Britain.

I will fairly confefs, that I do not know, if it
would have been wife in America, to have entered
into an agreement with us, till they had convinced
this nation, as they have certainly done, of their
power to refift, and to defend their rights j be-
caufe till then, they could not have relied with
* perfect

r 67 ]

perfed confidence, on the obfervance of fuch an
agreement in all future times, and the prejudices
entertained in this country, to their difadvantage,
perhaps required as ftrong proofs as they have
^given, of their fpirit, to be entirely removed. But
the cafe is now extremely diiTerentj v/hatever treaty
is now made, they are fure will be faithfully per-
formed, and they are certain of enjoying every
advantao-e arifing from the Britifli Conftitution, to
the utmoft extent. Will any man fay, that it is
poflible to exchange it for a better ? Or will wife
men truft to uncertain fpeculations, in a matter of
fuch infinite confequence to their happinefs, and
will they reject a certain good within their reach,
in order to grafp at an imaginary idea of per-
feftion ?

The cafe may be flated in another view : Let
the Parliament of Great Britain be in this cafe
confidered, in the queftion with America, as one
perfon, and as reprefenting the executive power ;
this power, v/e fnall fuppofe, has attempted to en-
croach on the liberties of America, in the point of
taxation, as Charles the Firfl did with refpeft to
England. The Americans refifb, and have at laft
an opportunity, of fixing the limits of this power
for the future, fo as that no tax fnall be there-
after levied, without the confent of the refpedive
AlTemblies chofen by themfelves. They have alfo
an opportunity of afcertaining all other doubtful
points in the conflitution, and of having all their
grievances redrelTed. Would it not be a degree
of lunacy, to lep flip an opportunity fo favourable

K 2 to

[ 68 ]

to their happlnefs, and to perfift in a ruinous and
bloody war, in hopes that at laft, with the aid of
a defpotic Government, they may ellabliih a new
and independent empire. Can they at once forget, ,
the happinefs they enjoyed, and the freedom and
profperity which was every where diffufed, through-
out thefe fertile provinces, before the Britifh Par-
liament attempted to tax them j and can they hope
for more profperity, under any pofliblc form of
cpnftitution, provided their rights are now clearly
afcertained ? Were the natives of any ancient free
State, or are the natives of Holland now, more free
or happy, than thofe of the Britifh ifles ? Some of
the leaders in America have^ however, affirmed in
their writings, that though every ancient and
modern form of Republican Government, has been
defective ; yet they have difcovered the true caufes
of their decline ; and that the new fyftem formed
for America, is free from all of thefe defedls. But
human wifdom is too limited, toforefee all the con-
fequences of a new inftitution ; and all wife men
will rather clmfe to truft to adtual experience, in
fuch ferious matters, than to uncertain theory. The
defefts indeed of the prefentAmerican plans of Go-
vernment^, are too apparent to efcape obfervation.
The perpetual fources of war and diffenfipn,
which mull arife between Great Britain and Ame-
rica, on account of the Newfoundland Fifhery,
and the Weft India iflands, is another argument
for conciliation. It is not to be fuppofed, that
Great Britain v/ill give up thefe, without the ut-
moft exertion to preferve them j and if they remain
g with

t 69 ]

with her, continual difputes muft arife with Ame-
rica, particularly with refpedl to the Fiflieries
which lie fo near to their coafts.

I flatter myfelf therefore, that the ancient good
humour will ftill return, between thefe two parts of
the Britilh empire. It is unneceflliry to enter into
a detail of what would be the proper terms of their
reconciliation. The great outline is. That Great
Britain Ihould take every honourable Hep, which
may be necefTary, to remove thejealoufies and ob-
tain the confidence of a people, who, like our an-
ceflors, have given fignal proofs of their bravery,
as well as their enthunaftic love of liberty ; and
for that purpofe, the Americans fhould, in my
opinion, have the moft perfeft fecurity given to
them, with refpedt to the right of taxation ; and
that their charters of government fhall be invio-
lable, unlefs in confequence of petitions, from the
great body of the people themfelvesj that the
trial by jury fhould be univerfally eftablifhed ;
that Canada fhould enjoy a Britifh Conflitution j
that the laws for regulating their trade fliould be
revifed, and every alteration made, which can be-
nefit them, without materially injuring us. In a
word, that their grievances of every fort fhould be
inquired into and redreffed, that fo they may re-
pofe with entire confidence on the good faith and
friendship of this country*. And that, on the other

* The appointment of Patent Officers, with power to rtnde
here, and adl by deputies there, is miichievous both to Ame-
rica and to us. — The prefent mode of determining appeals from
the Colonies, by the privy council, has been felt as a grievance,
and certainly requires redrefs.

handj

[ 70 ]

hand, they fhould contribute a generous fhare of
the public burdens, and grant fuch further aids in
times of war, as their own aflemblies fhall think
reafonable. Thefe occafional aids, in all cafes of
real public exigence, will, I am convinced, be
greater, notwithftanding the debt they liave lately
incurred, than our moft fanguine ideas have ever
reached.

I think it extremely immaterial to us, whether
the fum to be annually contributed to the public
burdens, be fixed now, or left to the annual vote
of their Aflemblies. By leaving it entirely to their
own AiTemblies, we fhould certainly gain more ef-
fedlually the confidence of a brave and generous
people, which is of infinitely greater confequence,
than any fum for which we could flipulate on this
occafion. But if a miftaken idea, of the proper
dignity of a great and powerful flate, fhould re-
quire fome pofitive ftipulation, after fuch a con-
tei^y I cannot believe, that the Americans would
hefitate, if that became the only point in difpute,
to grant us, after a due confideration had, of the
great expences they have incurred, a reafonable
and even a liberal annual revenue. If we are, how-
ever, entirely relieved of the former expence of
our eflabliihments there, and America does not
require the bounties we formerly paid, on the im-
portation of her goods, the revenue from thefe
two fources alone would be an objefl: of the greatefl
importance. But tliefe are points, which would
be eafily fettled by negociation, if the animofity
on all fides were once removed 5 and for that im-
portant

[ 7- ]

portant purpofe, it will, in my opinion, become
the magnanimity of this country, to begin with
quieting the jufl: apprehenfions of fo valuable
a part of its fellow-fubjeds, by giving them ample
fecurity againft taxation, and againft the exercife
of certain other adls of legiflation, which, I think
in my confcience, we cannot exercife, confiftently
with the true fpirit of our own conftitution.

If we are fincere in the intention of doing this,
the mode of executing it mufl certainly be, by re-
folutions moved in the Houfe of Commons. But
I apprehend it would prove moft effedtual, for dif-
appointing the arts of untradlable fpirits, in both
countries, if, without minutely entering into a
detail of conditions, the moft extenfive gene-
ral powers were immediately granted, by A61
of Parliament, to proper CommifTioners, named
in the Aft, to conclude an agreement with Ame-
rica, upon fuch terms as Ihall be found moft
effeftual, for eftablifliing a mutual and lafting con-
fidence between the two countries.

FINIS.

APPENDIX,

N°. I.

Letters of Dr. Franklyn^ puhlijhed in
the London Chronicle^ fro?n the 6th
to the %th of February^ 1766.

2I0 the PiuNTER of the London Chronicle*

SIR,

"IN July i754j when, from the encroachmentg
of the French in America on the lands of the
crown, and the interruption they gave to the com-
merce of this country among the Indians, a war
was apprehended, CommiiTioners from a number
of the Colonies met at Albany, to form a Plan
of Union for their common defence. The plan
they agreed to was in fhort this ; * That a grand
' Council fliould be formed, of members to be cho-

* fen by the aflemblies and fent from all the Colo-

* nies i which Council, together with a Governor

* General to be appointed by the Crown, fhould
' be empowered to make general laws to raife mo-
' ney in all the Colonies for the defence of the

L * whole.'

[ 74 ]

* whole.' This plan was fent to the Government
here for approbation : had it been approved anxd
eftablifhed by authority from hence, Englifli Ame-
rica thought itfelf fufEciently able to cope with the
French without other afTiftance ; feveral of the
Colonies, having alone in former wars, withflood
the whole power of the enemy, unalTifted not only
by the Mother-country, but by any of the neigh-
bouring provinces. The plan however was not
approved here : but a new one was formed inftead
of it,, by which it was propofed, that 'the Govern-
*■ ors of all the Colonies, attended by one or two

* members of their refpeftive Councils, (hould af-
' femble, concert meafures for the defence of the

* whole, ered fjrts where they judged proper, and

* raife what troops they thought neceffary, with

* power to draw on the treafury here for the fums

* that fliould be wanted ; and the treafury to be
t reimburfed by a tax laid on the Colonies by a6l

* of Parliament.' This nev/ plan being cornxmu-
nicated by Governor Shirley to a gentleman of Phi-
ladelphia, then in Bofton, (who hath very emi-
nently diftinguifhed himfelf, before and fince that
time, in the literary world, and whofe judgment,
penetration and candour, as well as his readinels
and ability to fuggeil:, forward^ or carry into ex-
ecution every fcheme of public utility, hath moft
defervedly endeared him, not only to our fellow-
fubjedts throughout the whole continent of North-
America, but to his numberlefs friends on this
fide the Atlantic) occafioned the following re-
marks from him> which perhaps may have con-
tributed

[ 75 ]

tribiited in fome degree to its being laid afide. As
they very particularly fhow the then fentiments of
the Americans on the fiibjeifl of a parliamentary
tax, before the French power in that country was
fubdued, and before the late reftraints on their
commerce, they fatisfy me, and I hope they will
convince your readers^ contrary to what has been
advanced by fome of your correfpondents, that
thofe particulars have had no fliare in producing
the prefent oppofition to fuch a tax, nor in the
difturbances occafioned by it j which thefe papers
indeed do almoft prophetically foretel. For this
purpofe, having accidentally fallen into my hands,
they are communicated to you by one who is, not
■partially i but in the mofi enlarged fenfe^

A Lover of Britain.

S I R, Tuefday Morning,

" I return the loofe fheets of the plan, with
thanks to your Excellency for communicating
them.

" I apprehend, that excluding the People of the
Colonies from all fhare in the choice of the Grand
Council, will give extreme diffatisfadlion, as well
as the taxing them by Aft of Parliament, where
they have no Reprefentative. It is very poflible,
that this general Government might be as well
and faithfully adminiftered without the people, as
with them ; but where heavy burthens are to be
laid on them, it has be^n found ufeful to make it,
as much as poflible, their own ad 5 for they bea-r
h 0- better

[ 76 ]

better when they have, or think they have fome
fhare in the direftioni and when any public mea-
fures are generally grievous or even diilafteful to
the people, the wheels of Government mull move
more heavily."

SIR, JVednefday Morning,

" I mentioned it yellerday to your Excellency
as my opinion, that excluding the People of the
Colonies from all fhare in the choice of the Grand
Council, would probably give extreme diflatif-
faftion, as well as the taxing them by A61 of Par-
liament, v/here they have no Reprefcntative. In
matters of general concern to the People, and efpe-
cially where burthens are to be laid upon them, it
is of ufe to confider, as well what they will be apt
to think and fay, as what they ought to think : I
fhall therefore, as your Excellency requires it of
me, briefly mention what of either kind occurs to
me on this occafion.

" Firfl they will fay, and perhaps with juflice,
that the body of the People in the Colonies are as
loyal, and as firmly attached to the prefent Con-
ftitution, and reigning family, as any fubjecls in
the King's dominions,

" That there is no reafon to doubt the readinefs
and willingnefs of the Reprefentatives they may
chufe, to grant from time to time fuch fupplies for
the defence of the Country, as Ihall be judged
neceflary, fo far as their abilities will allow.

** That the People in the Colonies, who are
to feel the immediate mifchiefs of invafion and

COnc^ucft

[ 77 ]

conqueft by an enemy, in the lofs of their eftates^
lives and liberties, are likely to be better judges
of the quantity of forces necelTary to be raifed and
maintained, forts to be built and fupported, and
of their own abilities to bear the expence, than the
Parliament of England at fo great a diftance.

" That Governors often come to the Colonies
merely to make fortunes, with which they intend
to return to Britain, are not always men of the
belt abilities or integrity, have many of them
no efcares here, nor any natural connexion with
us, that fhould make them heartily concerned
for our welfare ; and might pofiibly be fond of
raifing and keeping up more forces -than necelTary,
from the profits accruing to themfelves, and to
make provifions for their friends and dependants.

" That the Counfellors in moll of the colonies
being appointed by the Crown, on the recom-
mendation of Governors, are often of fmall eftates,
frequently dependant on the Governors for Offices,
and therefore too much under influence.

" That there is therefore great reafon to be jea-
lous of a power in fuch Governors and Councils,
to raife fuch fums as they Ihall judge necefiary, by
draft on the Lords of the Treafuiy, to be af-
terwards laid on the Colonies by A(5l of Parlia-
ment, and paid by the People here : fince they
might abufe it, by projedling ufelefs cT^pediticns,
harafling the People, and taking them from their
labour to execute fuch projedts, merely to create
offices and employments, and gratify their de-
pendants, and divide profits,

" That

[ 78 ]

•^- That the Parl-iament of England is at a great
diftance, Inbjedl to be miiinformcd and mifled by
fuch Governors and Councils, v/hofe united in-
terefts might probably fecure them againil the
efFecl of any complaint from hence.

" That it is fuppofed an undoubted right of
Englifhmen not to be taxed but by their own con-
fent given through their reprefcntativcs.

" That the Colonies have no Reprefentatives
in Parliament.

" That to prcpofe taxing them by Parliament,
and refufe them, the liberty of chufing a repre-
fentative Council, to meet in the Colonies, and
conlider and judge of the neceffity of any general
tax, and the quantum, Ihovv's a fufpicion of their
loyalty to the Crown, or of their regard for
their Country, or of their common fenfe and un-
derflanding, whicli they have not deferved.

" That compelling the Colonies to pay money
without their confent, would be rather like raifmg
contributions in an enemy's country, than taxing
of Engliilimen for their own public benefit.

" That it would be treating them as a con-
quered people, and not as true Britifh fubjecls.

" That a tax laid by the Reprefentatives of the
Colonies might eafiiy be leflened as the occafions
Ihould leffen, but being once laid by Parliament,
under the influence of reprefentations made by
Governors, would probably be kept up and con-
tinued for the benefit of Governors, to the griev-
ous burthen and difcouragement of the Coloniesj
and prevention of their growth and increafe.

" That

[ 79 ]

" That a power in Governors to march ihz
inhabitants from one end of the Britiih and French
Colonies to the other, being a country of at ieail
1500 miles fquare, without the approbation or
confent of their Reprefentatives firil obtained to
fuch expeditions, might be grievous and ruinous
to the People, and would put them on a footing
with the fubjefts of France in Canada, that now
groan under fuch cpprefnon from their Governor,
who for two years pail has haraffed them with long
and dellruclive marches to the Ohio.

" That if the Colonies in a body may be well
governed by Governors and Councils appointed
by the Crown, n^ithout Reprefentatives, particu-
lar Colonies may as well or better be fo governed ;
a tax may be laid on them all by Afl of Parlia-
ment, for fuppcrt of Government, and their Al-
femblies may be difmified as an ufelefs part of the
Conftitution.

" That the powers propofed by tlie Alb^.ny plan
of union, to be veiled in a Grand Council Repre-
fentative of the People, even with regard to mili-
tary matters, are not fo great as thofe the Colonies
of Rhode Ifland and Connecticut are entrulted
with by their Charters, and have never abufed ;
for by this plan, the Prefident General is ap-
pointed by the Crown, and controuls all by his
negative; but in thofe Governments the People
chufe the Governor, and yet allow him no nega-
tive.

" That the Britifh Colonies bordering on the
French are properly Frontiers of the BritiHi Em-
pire;

t 80 ]

pire i and the frontiers of an empire are properly
defended at the joint expence of the body of the
people in fuch empire : It would now be thought
hard by Ad of Parliament to oblige the Cinque
Ports or lea coafts of Britain to maintain the whole
navy, becaufe they are more immediately de-
fended by itj not allowing them at the fame time a
vote in chufing Members of the Parliament; and
if the frontiers of America mull bear the expence
of their own defence, it feems hard to allow them
no (hare in voting the money, judging of the ne-
ceflity and fum, or advifing the meafures.

" That befides the taxes necelTary for the de-
fence of the frontiers, the Colonies pay yearly
great fums to the Mother-country unnoticed : For
taxes paid in Britain by the landholder or artificer,
mufl enter into and increafe the price of the pro-^
duce of land, and of manufafturcs made of it ;
and great part of this is paid by confumers in
the Colonies, who thereby pay a confiderable part
of the Britifh taxes.

" We are reftrained in our trade with foreign
nations ; and where we could be fupplied with any
manufadture cheaper from them, but muft buy
the fame dearer from Britain, the difference of
price is a clear tax to Britain. We are obliged to
carry great part of our produce diredlly to Britain,
and where the duties there laid upon it leffen its
price to the planter, or it fells forlefs than it would
in for foreign markets; the difference is a tax paid
to Britain.

4 *' Some

[ 8. ]

** Some manufa(flnres we could make, but ar<?
forbidden, and mufl take them of Britilh mer-
chants i the whole price of thefe is a tax paid to
Britain.

" By our greatly increafing the demand and
confumption of Britiih m.anu failures, their price
is eonfiderably raifed of late years ; the advance
is clear profit to Britain, and enables its people
better to pay great taxes; and much of it being
paid by us, is clear tax to Britain.

" In Ihort, as we are not fuffered to regulate
our trade, and refbrain the importation and con-
fumption of Britilh fuperfluities (as Britain can the
confumption of foreign fuperfluities), our whole
wealth centers finally among the merchants and in-
habitants of Britain J and if we make them richer,
and enable them better to pay their taxes, it is
nearly the fame as being taxed ourfelves, and
equally beneficial to the Crown.

" Thefe kind of fecondary taxes, however, we
do not complain of, though we have no fliare in
the laying or difpofing of them ; but to pay imme-
diate heavy taxes, in the laying, appropriation,
and difpofition of which v/e have no part, and
which perhaps we may know to be as unneceiTary as
grievous, mXiil feem hard meallire to Englillimen,
who cannot conceive, that by hazarding their lives
and fortunes, in fubduing and fettling new coun-
tries, extending the dominion and increafing the
•connmerce of their Mother-nation, they have for-
feited the native rights of Britons, which they think

M ought

[ 82 ]

ought rather to be given them as due to fuch merit,
if they had been before in a ftate of flavery.

*' Thefe, and fuch kind of things as thefe, I
apprehend, will be thought and faid by the people,
if the propofed alteration of the Albany plan
Ihould take place. Then the adminiftration of
the Board of Governors and Council, fo appointed,
not having any reprefentative body of the people
to approve and unite in its meafures, and conciliate
the minds of the people to them, will probably be-
come fufpe tied and odious; dangerous animofities
and feuds will arife between the Governors and Go-
verned, and every thing go into confufion.

** Perhaps I am too apprehenfive in this mat-
ter ; but having freely given my opinion and rea-
fons, your Excellency can judge better than I
whether there be any weight in them, and the
fhortnefs of the time allowed me, will, I hope,, in /
fome degree, excufe the imperfeftion of this fcrawl.

" With the greateft refpeft, and fidelity, I have
the honour to be, your Excellency's mofl
obedient, and moft humble fervant."

SIR, BofioN, Dec. iiy. 1754.

*' Since the converfation your Excellency was
pleafed to honour me with, on the fubjecfl of unit-
ing the Colonies more intimately with Great Bri-
tain, by allowing them Reprefentatives in Parlia-
ment, I have fomething further confidered that
matter, and am of opinion, that fuch an union

would

[ 83 i

v/ould bf very acceptable to the Colonies, provided
they had a reafonable number of Reprefentatives
allowed them ; and that all the old Acls of Parlia-
mentj reftraining the trade or cramping the manu-
fadnres of the Colonies, be at the fame time re-
pealed, and the Bricifh fiibjefts on this fide the water
put, in thole refpefts, on the fame footing with thofe
in Great Britain, till the new Parliament, repre-
fenting the whole, Ihall think it for the interell of
the whole to re-enaft fome or all of them : It is
not that I imagine fo many Reprefentatives will be
allowed the Colonies, as to have any great weight
by their numbers^ but I think there might be fuf-
ficient to occafion thofe laws to be better and more
impartially confidered, and perhaps to overcome
the private intereft of a petty corporation, or of
any particular fet of artificers or traders in Eng-
land, who heretofore feem, in fome inftances, to
have been more regarded than all the Colonies, or
than was confifcent with the general intereft, or
beft national good. I think too, that the govern-
ment of the Colonies by a Parliament, in which
they are fairly reprefented, would be valUy more
agreeable to the people, than the method lately
attempted to be introduced by Royal Inftru^ftions,
as well as more agreeable to the nature of an Eng-
lifh Conftitution, and to Englifli Liberty j and
that fuch laws as now feem to bear hard on the
Colonies, would (when judged by fuch a Parlia-
ment for the beft intereft of the whole) be more
chearfully fubmitted to, and more eafily executed.
M 2 "I ftiould

[ «4 ]

'* I fhould hope too, that by llich an union, the
people of Great Britain and the people of the Co-
lonies would learn to confider themfelves, not as
belonging to different Communities with different
interefls, but to one Community with one intereft,
which I imagine would contribute to ftrengtlien
the whole, and greatly leffen the danger of future
feparations.

" It is, I fuppofe, agreed to be the general in-
tereft of any ftate, that its people be numerous
and rich i men enough to fight in its defence, and
enow to pay fufficient taxes to defray the charge ;
for thefe circumfbances tend, to the fecurity of the
ftate, and its prote£tion from foreign power : But
it feepas not of lb much imaportance whether the
fighting be done by John or Thomas, or the tax
paid by William or Charles : the iron manufac-
ture employs and enriches the Britifh Subje6ls, but
is it of any importance to the itate, whether the
manufa6lurers live at Birmingham or Sheffield, or
both, fince they are ftill within its bounds, and
their wealth and perfons at its command ? Could
the Goodwin Sands be laid dry by banks, and land
equal to a large country thereby gained to England,
and prefently filled with Englifh inhabitants, would
it be right to deprive fuch inhabitants of the com-
mon privileges enjoyed by other Englifhmen, the
right of vending their produce in the fame ports,
or of making their own Ihoes, becaufe a merchant,
or a flioemaker, living on the old land, might
fancy it rpore for hi$ advantage to trade or make

fhoes

t 85 ]

(hoes for them ? Would this be right, even if the
land were gained at the expence of the ftate ? And
would it not feem lefs right, if the charge and la-
bour of gaining the additional territory to Britain
had been borne by -the iettlers themfelves ? And
would not the hardfhip appear yet greater, if the
people of the new country lliould be allowed no
Reprefentatives in the Parliament enabling fuch
impofitions ? Now I look on the Colonies as fo
many counties gained to Great Britain, and more
iidvantageous to it than if they had been gained
out of the fea around its coafts, and joined to its
land : For, being in different climates, they af-
ford greater variety of produce, and materials for
more manufadures ; and being fcparated by the
ocean, they increafe much more its lliipping and
feamen ; and fnice they are all included in theBritilli
Empire, which has only extended itfelf by their
means ; and the ftrcngch and wealth of the parts
is the ftrength and wealth of the whole j what
imports it to the general ftate, whether a mer-
chant, a fmith, or a hatter, grow rich in Old or
New P^ngland ? And if, through increafe of
people, tv/o fmiths are wanted for one employed
before, why may not the neiv fmith be allowed to
live and thrive in the New Country., as well as the
old one in the Old? In fine, why lliould the coun-
tenance of a ftate be partially afforded to its
people^ unlefs it be moft in favour of thofe, who
have moft merit ? and if there be any difference,
thofe who have moft contributed to enlarge Bri-
3 tain's

[ 86 ]

tain's empire and commerce, to increafe her
ftrength, her wealth, and the numbers of her peo-
ple, at the rifk of their own lives and private for-
tunes, in new and frrange countries, methinks,
ought rather to expect fome preference.

" With the greateft refpe6t and efteem, I have
the honour to be

Your Excellency's moft obedient

and moft humble fervant."

APPENDIX.

APPENDIX,

N\ II.

ExtraB frofti a Treatifey entitled^ " Lei-
ter from a Merchant in London to
his Nephew in America y"* written in
17665 by Dr, Tucker^ Dea?t of Glo-
cefer^ and now repiihlifhed in a Book^
entitled^ ** Four Tra&s on political
and commercial SuhjeBsr

— P. lOi. " r^ IVE me leave to afk you, young
man, what it is you mean, by
repeating to me fo often, in every letter, the
Sprit of the Conftitution ? I own, I do not much
approve of this phrafe, becaufe its meaning is fo
vague and indeterminate, and becaufe it may be
made to ferve all purpofes alike, good or bad.
And indeed, it has been my conftant remark, that
when men were at a lofs, for folid arguments, and
matter of fa6t, in their political dilputes, they
then have recourfe to the [pirit of the Conftitu-
tion,

[ S3 ]

tion, as to their laft fhift, and the only thing they
had to fay. An American, for example, now
infifts, that, according to the fpirit of the Englijh
Conftitution, he ought not to be taxed without
his own confent, given either by himfelf, or by a
reprefentative in Parliament, chofen by himfelf.
Why ought he not ? And doth the Conftitution
fay in fo many words, that he ought not ? Or
doth it fay, that every man either hath, or ought
to have, or was intended to have, a vote for a
member of Parliament ? No, by no means : the
Conltitution lays no fuch thing — But the Ipirit of
it doth, and that is as good, perhaps better — ■
Very well j kt then how the fame fpirit will pre-
fently wheel about, and aflert a doctrine quite re-
pugnant to the claims and pofitions of yoti Ame-
ricans. Magna Charta, for example, is the great
foundation of Englifh liberties, and the bafis of
the Englifh Conftitution. But, by the fpirit of
Magna Charta, all taxes laid on by Parliament,
are conjlitutional legal taxes ; and taxes raifed by
the prerogative of the Crown, without the con-
fent of the Parliament, are illegal. Now remem-
ber, young man, that the late tax, of duties upon
ftamps, was laid on by Parliament j and there-
fore, according to your own way of reafoning,
mull have been a regular conftitutional legal
tax. Nay more, the principal end and intention
of Magna Charta, as far as taxation is concerned,
was to alTerc the authority and jurifdidion of the
three eflates of the kingdom, in oppofition to the
ible prerogative of the King ; fo that if you will

now

r[ 89 ]

now plead the fpirit of Magna Charta, againfl
the jurifdiflion of Parliament, you will plead
Magna Charta againfl itfelf."

And in page 108, the fame author goes on as
follows : " What then is it, which you have
next to offer ? Oh ! " The unreafonablenefs, the
" injuflice and the cruelty of taxing a free people,
*' without permitting them, to have reprefenta-
*' tives of their own to anfwer for them, and to
" maintain their fundamental rights and privi-
" leges." — Strange 1 that you did not difcover
thefe bad things before — Strange ! that thougli
the Britifh Parliament has been from the begin-
ning, thus unreafonable, thus unjufl and cruel,
towards you, by levying taxes on many commor-
dities outwards and inwards, nay, by laying an
internal tax, the fofi tax for example, on the
whole Britifh empire in America, and v/hat is i1:ill
worfe, by making laws to afifedl your property,
your paper currency, and even to take away life
itfelf, if you offend againfl them. Strange and
unaccountable I fay, that after you had fuffered
this fo long, you fhould not have been able to
have difcovered, that you were without repre-
fentatives in the Britifh Parliament of your own
eleding, till this enlightening tax upon paper
opened your eyes, and what a pity it is that you
have been flaves, and yet did not know that you
were flaves until now.

" But let that pafs — for I always chufe to confute
you in your own way. Now, if you mean any
thing at all by the words unreafonable, unjuil,

N and

[ 9° ]

and cruel J as iifed in this difpute, you miift mean,
that the mother country deals worfe by you than by
the inhabitants of Great Britain^ and that Jhe denies
certain conjlitutional rights and privileges to you
abroad., which we enjoy here at home. Now pray,
what are thefe conftitiitional rights and liberties
which are refufed to you ? Name them if you can.
The things which you pretend to allege, are,
the rights of voting for members of the Britifli
Parliament, and the liberty of chufing your own
reprefentatives. — But, furely, you will not dare to
fay, that we refufe your votes when you com.e
hither to offer them, and chufe to poll. You
cannot have the face to affert, that, on an elec-
tion day, any difference is put, between the vote
of a man born in America, and of one born here
in England. Yet this you mull affert, and prove
too, before you can fay any thing to the prefent
purpofe. Suppofe therefore, that an American
hath acquired a vote, as he legally may, and ma-
ny have done, in any of our cities or counties,
towns or boroughs ; fuppofe that he is become a
freeman or a freeholder here in England. On
that flate of the cafe, prove if you can, that his
vote was ever refufed becaufe he was born in
America — prove this I fay, and then I will al-
low, that your complaints are very jull, and that
you are indeed the much injured, the cruelly
treated people you would make the world be^
lieve.

" But is this fuppofed refufal the real caufe of
your complaint ? Is this the grievance that calls

fo

[ 91 ]

fo loudly for redrefs. Oh ! no, you have no com-
plaint of this fort to make, but the caufe of your
complaint is txhis, that you live at too great a
diftance from the Mother-country, to be prefent
at our Englilh eleclions, and that in confequence
of this diftance, the freedom of our tov/ns, or the
freeholds in our counties, as far as voting is con-
cerned, are not worth attending to. It may be
fo, but pray confider, if you yourfelves do chufe
to make it inconvenient for you to come and
vote, by retiring into diftant countries, what is
that to us, and why are we to Be reproached, for
committing a violation of the birthrights of
Englilhmen, which, if it be a violation, is com-
m.itted only by yourfelves — Gtanting that the Co-
lonies are unreprefented in the Britifli Parliament,
granting that two millions of people in Amicrica
have in this refpe6l no choice nor election of their
own, through the necefTity of the cafe, and their
diftance from the place of eledlion, what would
you infer from this conceflion, and wherein can
fuch kind of topics fupport your caufe ? For know,
young man, that not only two millions, which are
the utmxoft that your exaggerated aj^^counts can
be fwelled to, I fay,, not only two millions, but
fix millions at leaft, of the inhabitants of Great
Britain, are ftill unreprefented in the Britifh Par-
liament. And this omifTion arifes not from the
necefTity of the cafe^ not from confulting intereft
and convenience, as with you, but from originaF
ideas of Gothic valTalage, from various cafualtie*
and accidents, from changes in the nature of pro-
N 7, perty.

[ 92 ]

perty, from the alteration of times and circum-
ftances, a/id from a thoufand other caufes. Thus,
for example, in the great metropolis, and in ma-
ny other cities, landed property itfelf hath no
reprefentative in Parliament ; copyholds, and
leafeholds of various kinds, have none likewife,
though of ever fo great a value. Moreover, in
fome towns, neither freedom nor birthright, nor
the ferving of an apprenticelhip, fhall entitle a^^
man to give his vote, though they may enable"
him to fet up a trade, In other towns, the m.oft
numerous, the moft populous and flourifhing of
any, there are no freedoms or votes of any fortj^
but all is open, and none are reprefented. And
belides all this, it is well known, that the great"
Eaji India Company, which have fuch vail Icttle-
ments, and which difpofe of th.t fate "of kings
and kingdoms abroad, have not fo m.uch as a
fmgie member, or even a fingle vote, quatenus a'
company, to watch cvei" their interelts at home.-
What likewife fhail we fay, in regard to the pro-
digious number of flock-holders in our public
funds ? And may not their property, perhaps
little ihort of one hundred millions Sterling, as much
deferve to be reprefented in Parliament, as the
fcattered townfhips or ftraggling houfes of fome
of your provirxes in America ? Yet we raife no
commotions si we neither ring the alarm bell, nor
ibund the trumpet ; but fubmit to be taxed
without bein'g reprefented, ^nd taxed too, let me
j^ell you, for your fak^s. Witnefs the additional
jiuties pn ou;- lands, windows, houfes 3 alfo ox\

8 Qur

[ 93 ]

our malt, beer, ale, cyder, perry, wines, bran-
dy, rum, coffee, chocolate, &c, &c. &c. for de-
fraying the expences of the late war, — not forget-
ting the grievous ftamp-duty itfelf 5 all this, I fay,
we fubmitted to, when you were, or at leaft you
pretended to be, in great diftrefs ; fo that neither
men, almoit to the lail drop of blood we could
fpill — nor money, to the laft piece of coin, were
fpared j but all was granted away, all was made
a facrifice, when you cried out for help. And
the debt which we contra6ted on this occafion, is-
fo extraordinary, as not to be paralleled in hiftory.
It is to be hoDed, for the credit of human na-
ture, that the returns which you have made us^
for thefe fuccoursy and your prefent behaviour
towards us, which perhaps is ftill more extraor-
dinary, may not be paralleled Hkewife.

" But as you Amerlcaris do not chufe to remem-
ber any thing which we have done for you, though
we and our children fhall have caufe to remem-
ber it till lateft pofterity — let us come to the
topic, which you yourfelves do wifii to reft your
^aufe upon, and which you imagine to be the
llieet anchor of your ftate vefiel. " You are not
** reprefentcd, and ydu are two millions, there-
" fore you ought not to be taxed." We are not
reprefented and v/e are fix millions, therefore
we ought not to be taxed, Which nov/, even
in your own fenfe" of things, have moft realbn to
complain ? -And v/hich grievance, if it be a grie-
vance, deferves firft to be redreffed ? Be it there-
fore fiippofed, that an augmentation ought to

take

[ 54 ]

take place in our Houfe of Commons, in order
to reprcfent in Parliament the prodigious num-
bers of EritifiD fubjedls hitherto unreprefented.
In this cafe, the firft thing to be done is to fettle
the proportion. And therefore, if two millions
(the number of perfons aftually reprefented at
prefent) require five hundred and fifty-^ight re-
prefentatives (which I think is the number of our
modern Houfe of Commons), How many will
fix millions require ? — The anfwer is, that they,
will require one thoufand fix hundred and feventy-
four reprefentatives. Now this is the firft aug-
mentation which is to be made to our lift of par^
liament men. And after this increafe, we are to
be furniftied, by the fame rule of proportion, with
five hundred and fifty-eight more frorn the colo^
nies. So that the total numbers will be two thou-
fand feven hundred and ninety reprejentatwes in
parliament ! A goodly number truly ! and very
proper for the difpatch of bufmefs ! Oh, the de-
cency of fuch an aftembly ! the wifdom and gra-
vity of two thoufand feven hundred and ninety
iegiflators, all met together in one room ! What
a pity is it, that fo hopeful a project lliould n©t
be carried into immediate execution !"

iixtralt

I 9S -\

ExfraB from a Pamphlet^ entitled^
'^ 'The rights of Great Brit am af-
" fertecl again ft the claims of Ajne-
" rica\ being an a?7fwer to the
" declaration of the General Con-
" grefs:'

— P. 3. " XT O maxim in policy is more univer-
fally admitted, than that a fu-
preme and uncontrollable power muil exift fome-
where in every ftate. This ultimate power,
though juftly dreaded and reprobated in the per-
fon of one man^ is the firft fpring in every poli-
tical fociety. The great difference between the
degrees of freedom in various governm.ents, con-
fifts merely in the m.anner of placing this nccef-
fary difcretionary power. In the Britifh empire it
is vefted, where it is moft fafe, in King, Lords,
and Commons, under the colleftive appellation of
the legidature. The legiilature is another name
for the conllitution of the ftate, and in fad the
ftate itfelf. The Americans ftiii own themfelves
the fubjeds of the ftate, but if they refufe obe-
dience to the laws of the legiflature, they play
upon words, and are no longer fubjetls, but re-
bels. In vain have they affirmed, that they are
the fubjefls of the king's prerogative, and not his
fubjecls in his legiilative quality j as the King
wich regard to his fubjedls in general, is to be

;con^

[ 96 ]

confidered only in his executive capacity, as the
great hereditary magiftrate, who carries into ef-
feft the laws of the legiflature, the only difcre-
tionary and uncontrollable power in a free ftate.

" Thedifcretionary and uncontrollable authority
of the Britifh legiflature being granted, their right
to tax all the fubjeds of the Britifh empire can
never be denied. Some ill-informed reafoners in
politics have lately flarted an obfolete maxim,
which has been feized with avidity by the Ame-
ricans, '' That the fupreme power cannot take
** from any one, any part of his property without
" his confent," or in other words, that reprefenta-
tion is infeparable from taxation. The Colonifts,
fay they, have no reprefentativcs in Parliament,
and therefore Parliament has no right to tax the
Colonies. Upon this principle, fcarce one in
twenty-five, of the people of Great Britain, is re-
prefented. Out of m.ore than feven millions, fewer
than three hundred thoufand have an exclufive
right to chufe micmbers of Parliament ; and there-
fore, more than three tim.es the number of the
Americans have an equal right v>^ith them, to
difpute the authority of the legiflature to fubjeft
them to taxes. The truth is, reprefentation never
accompanied taxation in any ftate. ^hc Ro-
mans were a free nation, but the fenate, that is
the great body of the nohjlity, pofTelTed the fole
right of taxing the people *. In this kingdom,

• The fpirit of the Englifh conO.ituiion will in vain be fought
for, in the cor.ftituiion of ancient Rome.

the

[ 97 1

the Hoiife of Commons have an exclullv-e righf
of modifying and regulating the quantity of
public fupplies, and the manner of laying taxes.
They decide upon what the legislature ought to
receive for the fupport of the flate ; but the Com-
mons, by their own authority, cannot enforce
the raifing the fupplies they vote. That privi-
lege is inherent in the fupreme- and unaccount-
able" power, veiled in the three branches of the
Legiflature united, who are in fact the State, as
the virtual reprefentatives of the whole Empire,
and not the delegates of individuals.

" If reprefentation is virtual in Great Britain,
why then is it not virtual in u\q Colonies ? The
people of the four northern Provinces, though
they deny the fadl in words, own it in their con-
du6l i near one third of the corporations in New
England chufe no reprefentatives, to fave the ci>
pence of paying their deputies. They however
own the right of their Aifemblics, to iinpofe
taxes, and to make laws to bind the whole
community, as the reprefentatives of the v/hole
Colony. The truth is, reprefentation has no
more to do with the right of taxation, than with
every other right exercifed by the fupreme and fuper-
intending power. It is interwoven with the very cf-
fence of the legiflative power, and is exerted by that
power for the neceflary fupport of the State *.

,^ " ■ ,

• This example of the corporations of New England which
chufe no repref^jntative?, ftronoly iUunrates (he aroummc
which I have ftatcd. The taxes impoftd by the AiTembly of

O ' ihe

t 9S J

'' Why it has been la generally received, as as
maxim, in this country, that taxation and repre-
fentation are infeparable,; requires to be further
explained. Men little acquainted with the Con-
flitution, derive the opinian from their findings
that it is the indifputable right of the Com-
mons, that all grants of fubfidies and Parliamen-
tary aids, fhould originate in their Hoiffe. But
though they firfl beftow thefe fubfidies and aids,
their grants, as has been already obferved, have
no effe<51:, without the afient of tJie other two
branches of the Lcgiflature. The common rea-
fon given for this exclufive privilege is, that as
the fupplies are raifed upon the body "of the
people, the people only ought to have the right
cf taxing tliemfelves. This argimient would
have been conclufive, if the Commons taxed
none but thofe by whofe fuffrages they abtain their
feats in Parliament, But it has appeared, that
more than feven millions of people^ befides the
Peers, who are in polTefllon of fo large a fliarc

the Province, are general over tlie who'e Proviice. an J not
impofed folely on any particular diHriLl. I'hc rejirofciiMtivc*
of the other diRrifls,, are therefore virtual reprefciitati^cs of
thofe corporations wliich fend none, bccaiifc they and thtir
conflituents are eqiinlly concerned in intetetl with ihe unrc-
prefented parts of the Province, to keep tbe t.ixes low; and
this is found fo eflcc^u;il a chdtk againd abiilV, ih;it one third
of the corporations do not find it worth their while t3 (cud
deputies. The fame was the cafe anciently in England ; for
it is well known, that many boroughs declined fending Mem-
bers to Parliament, in order to fave the cxpcncc of paying
ihcir deputies

i>f

{ 99 ]

of property in tKe kingdom, have no voice in
the elc6lion of the Members who fit in the
lower IIoiiTe. The Commons therefore, and
their confLiaieiits, not being the only perfons
taxed, the former caj.inot poffibly have the only
right of raifing and modelling the fupply, from
the mere circiimflance of reprefentation *. But if
they have it not from reprefentation, they muft in
ia.6t derive it from the fupreme and difcretionary
power, v/hich is repofed in them, in conjun6tion
with the tv/o other branches of the liegiflatiire.
It appears upon the wliole, that taxation is the
refult of the difcretionary power, which is placed
in th-e hands of the I.-egiflatiire, and exerted by
them for the necefTary fnj->port of the State. To
this power, the whole emipire miiil fiibmit, and
confcquently no one of its fubjecls can claim any
exemption.

" The counties palatine of Cliefter, Durham,
;md L;inc:i(ler, were anciently in the fame predicar
rncnt with the American-s, on the article of taxa-
tion. The Earl of Chefter, and the bifliop of
Durham, became, by prefcription and immemiO-^
rial cuftoiii, pofTeired of a kind of regal jurifdic-
tioii, within their refpeflive terjitorics. A limilar
form ot government v/as eflabliflied by King
iZ,-<iward the Third, in ilie county of Lancaller,

* h von]{\ leiui-rc too lonw .t difcnlTron to (Tiow the fallacy of
this rcaf'.iiiMiv- • l>'-lipvo ii cai be madi^ very clear, that in the
feudal Govcir.rr'.cnf^, nl! aidi or taxes \\c:c ri.aJe by the con-
ftMit of the; people \v!,o paid vhem, and reprefentation was by
Jr-o-ees fubiliiuteJ in ,pl;\ce of at'^lua-I attenJafiCf to vote,

0 1 Vvllich

[ 100 ]

which was created by that prince in favour of Hen-
ry Plantagt-net, whofe heirefs carried the fame
rights and privileges to John of Gaunt and hi$
poflenty ; but though the fubordinate Sovereigns
of thefe counties could pardon treafons, mur-
ders, and fdonies; though they appointed all
judges, nominated all juftices of the peace,
though ail writs and indidments ran in their
fjamcs, as in other counties in that of the King,
though all offences were faid to be done againft
their peace, and not as in oth.er places contra
faccmdGmini regis, though in fhort they pofTefled
exciurivcly, the whole internal government of
tiieir feveral counties, xht'ir fuhjefis, if the ex-
pfeiTion may be ufed, were ^^ always bound by
thp a6ls and ilatutes" of an aflembly, in which •
tl^ey had no rcprefentatives. They were alio
*^ liable to all- payments, rates, and fubfidies
" granted by the parliament of England."

," Thefe counties, it muft be confefied, like the
Americans, confidered their being excluded from
having reprefentatiyc?, in an afTembly by which
they were taxed, a grievance. Accordingly the town
and county of Chefter, as far back as the 35th of
Henry the Eighth, petitioned the legillature for
■ t])e privilege of fending Members to Parliament,
and their requefl was granted by au exprefs fta-
iutc. liic county and city of Durliam made a
fmiihr aj^piication, and with the fame fuccefs, in
the ■25th of Charles the Second. Had the Ame-
ric.ms, inficad of flying to arms, fubmitted the
labile liippofcd grievance, in a peaceable and duti-
ful

[ 10. ]

ful manner to the Legiflature, I can perceive no
rcafon why their requeft fliould be refuled. Had
they, like the county and city of Chefter, rcpre-
fented, that " for lack of knights and burgefles
" to reprefcnt them in the high Court of Parlia-
<' ment, they had been often times touched and
*« grieved v/ith a6ls and ftatu tes, made within
'* the faid Court, derogatory to their mo-ft
** ancient jurifdi(ftions, liberties, and privileges,
*« and prejudicial to their quietnefs, reft, and
" peace ;" this country would, I am perfuaded,
have no objection to their being reprefented in
our Parliament.

" But the Colonies, though that circumftance is
only infinuated in the declaration, have uniformly-
affirmed, that granting the fupremacy of parlia-
ment fhould extend over the whoie empire, yet
that they themfelves have a right to an exemp-
tion from taxes, either by the conceflions of the
Legiflature, or by charters from the King. It
feems incompatible with reafon, fay they, that the
Colonies fhould have internal legiflatures of their
own, poflfe fling the authority of taxation, and that,
notwithftanding, the Britifli Parliament fliould re-
tain its power of laying impofts. The firft of
.thefe aflertions is not founded in truth, and the
charters neither give, nor can give, an exemption
from taxation."

It is unneceflary to enter into a difcuflion of fc-
veral queftionable pofitions in thefe quotations.
They are only here inferted, to fhow, that thefe

diftin-

dlHingnifhcd writers conceived, that the riglit of'
Parliament to tax the unrcprefcuted part of Eng-
land, ftands cxaflly on the I'ame footing with
their right to tax America. I conceive, on the ,
contrary, that I have fufficiently explained the
iiTiportant difl-indion there is between the two
cafes, a diftindlion to which a proper attention
has not been given, and which conftitutes, in my
apprehenfion^ the true and eiTential merits of this
great quefcion.

APPENDIX.

N°. Ill,

A Gentleman at Paris having given a copy of
this Pamphlet to Dr. Franklin, he received
the following letter, which he tranfmitted to me,
explaining a miftake into which I had fallen, with
refpecl to the nature of Mr. Grenville's propor-
tions to the Colonies, concerning the Stamp Acl.
I have fince read Dr. Franklin's examination at
the Ear of the Houfe of Commons in the Com-
mittee on the Repeal of the Stamp A6i in Spring,
1766. And I find, that he then afferted, in pre^
fence of Mr. Grenville, That he had delivered to
him the Refolution of Pennfyivania referred to in
the following letter, while the Stamp Adl was
under confideration, and before the Bill was
brought in.

I think it my duty therefore to lay the matter
fairly before the Public, by publiihing Dr. Frank-
lin's account of that matter.

Copy of a Letter from Br, Frankliiu

*' Dear Sir> Pajy, March iithy 1778,

" In the pamphlet you was lb kind as to lend,

me, there is one important fac^ mis-Hated, appa-

9 %^^'^T

[ I04 ]

rently frorti the Writer's not having been furnifhed
•with good information. It is the tranfadlion be-
tween Mr. Grenville and the Colonies, wherein
he underftands that Mr. Grenville demanded of
them a fpecific fum j that they refufed to grant
any thing; and that it was on their refufal only"
-that he made the motion for the Stamp A61. No
one of thefe particulars is true. The fa6t was
this :

" Some time in the winter of 1763-4, Mr.
Grenville called together the Agents of the feve-
Tal Colonies, and told them, that he purpofed to
draw a revenue from America, and to that end
his intention was to levy a ftamp duty in the Co-
lonies, by aft of Parliament in the enfuing SefTion ;
of which he thought it fit they fhould be imme-
diately acquainted, that they might have time to
confider it ; and if any other tax equally produc-
tive would be more agreeable to them, they
might let him know it. The Agents were there-
fore directed to write this to their refpeclive Al-
femblies, and communicate to him the anfwers
they fhould receive. The Agents wrote accord-
ingly. I was a member in the AfTembly of Penn-
fylvania when this notification came to hand. —
The obfervations there made upon it were :

That the ancient eftablifhed and regular me-
thod of drawing aids from the Colonies had ever
been this : The occafion was always firft confi-
dered by their Sovereign in his Priv)^ Coun-
cil, by whofe fage advice he direclcd his Secre-
tary of State to write circular letters to the fe-
* veral

[ 105 ]

veral Governors, who were dire6ted to lay tliem
before their aflemblies. In thofe letters, the
occafion was explained for their fatisfadlion, with
gracious expreffions of his Majefty's confidence
in their known duty and affcdlion, on which
he relied, that they would grant fuch fums
as Ihould be fui table to their abilities, loyalty,
and zeal for his fervice. — That the Colonies
had always granted liberally during the late
war ; that the King, fenfible they had granted
much more than their proportion, had recom-
mended it to Parliament five years fuccelTively, to
make them fome compenfation, and the Parlia-
ment accordingly returned them 200,000 /. a-year
to be divided among themi. That the propofition
of taxing them in Parliament was therefore both
novel and unneceflary. That by the conftitution
of the Colonies their bufinefs in matters of aid
was with the King ; they had nothing to do with
any financier in England nor his projefts, nor he
with them ; nor were the Agents the proper ca-
nals through which requifitions fhould be made.
It was therefore improper for them to enter into
any ftipulation, or make any propofition to Mr.
Grenville, about laying taxes on their conftituents
by Parliament, which had really no right at all to
tax them j efpecially as the notice he had fent
them of a revenue to be required of them, did
not appear to be the King's order, and perhaps
was without his knowledge j as the King, when he
would obtain any thing of them, always accom-
panied his requifition with good vrords ; but this

P^ Gentle-'

[ -.06 ]

Gentleman^ inflead of a decent demand, fent
them a menace, that they fhould certainly be
taxed, anci only left them the choice of the man-
ner. But all this notwithftanding, they were fo
far from rcfufing to grant • money that they re-
folved to the following purpofe, " That as they
" always had, fo they always fhould think it their
*^ duty to grant aids to the Crown according to
*' their abilities, whenever required of them in
'^ the ufual conflitutional manner." I went foon
after to England, and took with me an authentic
copy of this refoiution, which I prefented to Mr.
Grenville before he brought in the Stamp Acl. I
mentioned^ in the tloufe of Commons (Mr. Gren-
ville being prcfent) that I had done fo, and he
did not deny it. Other Colonies made funilar
Refolutions,

" And had Mr. Grenville, inftead of that Acl,
applied to the King in Council for fuch requifi-
torial letters to be circulated by the Secretary of
State, I am fure he would have obtained more
money fi"om the Colonies by their voluntary
grants, than he himfelf expected from his Stamps.
But he chofe to ufe compulfion rather than per-
fuafion, and V\/ouid not receive from their good-
will, what he thought he could obtain without it.
And thus " the golden bridge" which the inge-
nious Author thinks the Americans " unwifely
" and unbecomingly refufed to hold out to the
** Minifter and Parliament," was actually held
out to them, but they refufed to walk over it.
This is the true hiflory of that tranfadion. And
2 as

[ 107 ]

as it is probable there may be another Edition of
that excellent Pamphlet, I wifli this may be com-
municated to the candid Author, v/ho I doubt
not will corred that error. I am ever^ with fin-
cere eileem.

Dear Sir,
Your moft obedient humble Servantj

(Signed) B. FRANKLIN."

P '1 APPEN*

APPENDIX,

N"^. IV.

Copy of a Letter wrote by Gover^tor

yoh7iJlone to the Chairman of the Eajl

India Cc7npanj^ when the FrGpoftiofJ

for fending the Company s T'ea to A-

m eric a was i?i y4gitatio7t,

SIR,

r~V HE frequent General Courts of late^ and the
-^ difagreeable difcuITions refpecling the affairs
of the Eafl India Company at both ends of the
Town, have fo haraffed and foured the greater
part of the Proprietors of Eaft India Stock, that
I do not chufe to run the rifk of their difplea •
fure by calling them together on the fubjeft of
the Tea to be fcnt to North America, concerning
which I delivered my fentiments fo fully in the
laft General Court ; befides the bufinefs having
now pafled the Court of Direclors aided by all the
influence of Adminiftration, under whofe political
craft I know this ruinous mad project was con-
xrerted, and is now carried into execution i from
thefe circumftances, I am fenfible ic would be a
vain effort to oppole the torrent, and ferve only

to

[ 109 ]

to difliirb my own friends, as well as the other
Proprietors, by fummoning them together : But
I cannot permit fiich a meafure to pafs without
flating in indelible charaders my objedions and
folemn proteft : You know how often we have
had occafion to appeal to a paper of a fimilar na-
ture, which my friend Mr. Dempller and I gave
in againlt the exorbitant powers given to Lord
Clive. I wifh the Company and the Nation may
not have occafion to regret this meafure as much :
My judgment tells me they will: I am fure the
Company on every alternative mufli.

1. Becaufe, fuppofing the Company quietly to
fucceed in their projeft, it is contrary to the prin-
ciples of their eftabliiliment to become the circu-
lators of their own commodities, particularly to
North America, where, to fell to advantage,
there mud be long credits, and to realize the re-
turns, there mufl be a circuitous commerce, in-
compatible with the purpofe for which the Eaft
India Company was eftabiilhed j and therefore it
cannot anfwer the end of fupplying us with caili
in the prefent exigency.

2. Becaufe fpeedy and certain payments under
the Public Sales, endured by Law, is the beft
method of conducling the trade of the Company,
and much more fo at prefent, confidering our
great Debt and the heavy Intereft we pay ; be-
lides, that we may be fure if there is really a vent
at any particular market, private adventurers will
find out the m.eans of introducing the commodity
better than a Company. And although the price

iit

t no ]

at our fales may be low, yet I am perfuaded, cal-
culating interell of money, charges, lofs, infur-
ance, factorage, &c. &c. that the profit will be
more by adhering to the old method than the
new, on clofing and balancing the account i be-
fides, I think this new method injurious to the
merchants of England. If the Company grafp at
the difiributive channels of commerce as well as
the monopoly, the nation will not bear it.

3. Becaufe this is aiding Government in conti-
nuing the mofb uncommercial Tax that ever was
impofed, to enforce a principle the moll unjuli
and odious to all the People of North America,
and contrary to the interefl of the Eafl India
Company, who Ihould, of all the members of the
community, join with the Americans the moft
ftrenuoufly in obtaining the repeal of this Law*
To give a drawback to encourage the exportation
of a commiodity, and to impofe a duty at the
place of the confumption 1200 leagues off, is
fuch a folecifm in the rules of commerce, that it
requires a combination of fuch heads as now go^
vern this country ; fiirft to impofe it, then to
enforce it, and now to continue it.

Laftly. If it is faid, as was alledged in the
Houfe of Commons, that the Provincial combi-
nations in North America prevents private mer^
chants from purchafing at the fales, becaufe they
cannot vend the commodity, then I objeft more
forcibly on this account than any other.

Becaufe, in this cafe, the Eaft India Company
is becoming the odious tool of Adminiftration

to

[ "I ]

to force a conteft upon a fubjedl that might die
away or be repealed, where the Company runs
innumerable rifks with their property — where
they injure their own intereft by continuing the
Tax, if they prevail : but where is it moft pro-
bable the whole will be loft by accumulating
charges, the frauds of agents, and the violence
of mobs. I am, &c.

(Signed) GEO. JOHNSTONE.

FINIS.

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